Arguments by defence attorneys concluded the Larnaca District Court hearing on the case of Benny Steinmetz, a 67 year old of dual Israeli and French citizenship. The prosecution did not present any witnesses.
The businessman’s case became widely known in Cyprus when he was temporarily detained by Cypriot authorities at Larnaca airport on the strength of a European Arrest Warrant issued by Romanian authorities, but made legally null and voide in a number of European states, including Greece and Italy.
In March 2022 the Appeals Court in Athens rejected the Romanian request to extradite Steinmetz, arguing that his right to a fair trial in Romania had been violated, as well as the real danger of being subjected to inhumane and degrading treatment, if extradited. In addition and exactly for the same reasons, Italian authorities also refused to grant the Romanian request.
It is worh noting that in the recent past, Interpol had cancelled a Red Notice on Steinmetz, thus recalling the International Arrest Warrant it had issued based on Romania’s request. In a relevant report, Interpol cited a number of human rights violations by Romania, including the right to a fair trial, clearly indicating that the Benny Steinmetz prosecution was politically motivated.
The Interpol reported was cited during the hearing by Stavros Toyias, defence attorney for Steinmetz in Greece, where he was acquitted. Toyias was one of the main defence witnesses at the Larnaca hearing. Toyias argued that the criminal prosecution of Benny Steinmetz in Romanian has a clear political motivation and was encouraged by certain circles. He further testified that Steinmetz was refused an attorney of his own choice in Romania, with authorities there appointing Simona Dumitrescu, a fundamental violation of his defence rights.
The 2nd defence witness, Ion Cazacu, a Romanian attorney that represented Steinmetz during the process in Romanian courts referred to the duress suffered by Steinmetz by Cornel David Deca, the head Prosecutor at the Romanian court, presenting him with a deal that would close the pending cases faced by Steinmetz, preferential treatment and a reduced sentence, if the Israeli businessman would accuse former Romanian President Traian Basescu of corruption, during the 2009 election campaign. Steinmetz rejected the proposal and as Cazacu said, this led to the Prosecutor calling for his arrest. But this was thrown out for a second time by a Romanian court.
The defence argued that if extradited, Steinmetz faced a real danger of suffering inhuman and degrading treatment. The possible extradition of Steinmetz, they said, would violate Article 4 of the Fundamental Rights Charter of Europe and Article 3 of the European Convention of the Rights of the Individuals, given treatment conditions in Romanian prisons.
Defence witnesses Chirita, a Romanian expert and Paraskeva, a Professor of Public Law and Human Rights at the Universirty of Cyprus and European Commission member of the Council of Europe Committee of prohibiting torture, testified that the situation in Romanian prisons is dramatic, facing issues of overcrowing, bad quality food, lack of maintenance, inadequate ventilation, heating and health care, as well as the degrading treatment of inmates.
Asked to comment on the conditions, the Romanian Attorney General not only refrained from providing adequate confirmation of humane treatment were riddled with contradictions and generalities, in the same manner provided to the Appeals Court in Athens, when the same request was made.
Defence witness Stavros Toyias told Phileleftheros that ‘Benny Steinmetz has dual Israeli and French citizenship, is a husband and father of four children, grandparent to 4 grandchildren and a distinguished real estate businessman, with investment activity of over 20 years in both Greece and Cyprus, as well as being a well known philanthropist (The Agnes and Benny Steinmetz Foundation). In essence, Steinmetz is collateral damage of a conflict between the Romanian government and Prince Paul of Romania on property owned by the royal family. It is of particular consequence that the Romanian Secret Service building is built on one of these plots. The Brasov Appeals Court initially acquitted Steinmetz, ruling that he was just part a legal transaction. However the Prosecutor monitoring the Romanian Corruption Unit appeal the decision and Steinmetz was susequently sentenced to five years in prison for establishing a criminal organisation.
Steimetz continues to declare his innocence, saying that his business decision was based on irrefutable court decision and a due dilifence report by a distinguished Romanian lawyer, who was unjustly jailed for a year, only to be acquitted following Romanian public opinion outcry. In 2022, the Appeals Court in Athens unanimously rejercted the European arrest warrant, arguing that Steinmetz’s right to a fair trial in Romania had been violated. They also deemed that if extradited to Romania, Steinmetz faced the danger of degrading and inhumane treatment due to his religion and ethnicity.
It has to be noted that the Greek court was not persuaded by the Romanian authorities on the safety of Mr.Steinmetz, aligning itself with relevant decisions by the European Human Rights Court in Strasbourg and decisions by EU member states, such as Germany, Italy or Belgium, rejecting Romanian arrest warrants, due to systemic problems in the country’s justice and prison system. It is also believed that bearing particular weight, was the 2021 Interpol decision, recalling the Romanian warrant from its database, as his prosecution was politically motivated.
Toyias said he placed full trust in the Cyprus justice system, that is independent and objective, unlike the Romanian one. ‘I believe that Steinmetz will not be treated with humanity and dignity if he is extradited to Romania. It is well known that the Romanian Justice Minister publicly admitted that she deceived the Council of Europe by claiming that Romania invested a billion euro into improcing conditions in Romanian prisons. I wonder what state is this, in which judges in civil cases were called in the criminal process as witness, with the purpose of reversing their own decision. Beyond the Steinmetz defence, the appeal of the National Union of Romanian Judges and Supreme Court Council, demanding the independence of the justice system, was also heard at the Larnaca District Court. A system breached by government interventions. More than 1900 judges were targeted. The Appeals Court in Athens declared that trust between EU member states is not blind but subject to the respect of fundamental human rights.
The Court will issue its decision next Wednesday on whether to extradite 67 year old Steinmetz or reject the claim, following in the footsteps of Greece and Italy.
