The complex terrorism case involving the 41-year-old Orkhan Asadov, who, using multiple identities, was alleged to have recruited and organized criminal activities against Israelis in Nicosia for months, reaches a critical point.
Last Thursday, the two sides, the prosecuting authority and the defence attorneys of the three individuals included in the lengthy indictment, made their final arguments within the framework of a “trial within a trial” process.
The three-member judicial panel, after hearing both sides, reserved its decision for July 5.
The verdict is awaited with great interest. Not only because its subject matter involves a significant portion of the evidentiary material (private communication content), but also because legal circles estimate it will set a precedent.
Furthermore, as evident, after the decision is issued, it will pave the way for the case to proceed with the sworn testimonies of prosecution witnesses before the Court.
Regarding the objection’s subject that led the Criminal Court to conclude that it should be clarified with an interim decision, it concerns the position of the defense attorneys of the three accused individuals regarding unlawfully obtained testimony.
This issue was raised immediately after the start of the hearing process (autumn 2023) and the testimony of the first prosecution witness.
The main argument presented and on which the defense attorneys argued last Thursday concerns the manner in which the Police (Headquarters Technical Department) accessed the defendants’ mobile phones.
They argued that it was not done within the framework of the law, and consequently, the rest of the testimony obtained by the police investigators has been tainted. They believe that access to the data was obtained before a court order to lift the privacy of communications was secured.
This position was strongly countered by the representative of the prosecuting authority. It was argued on her behalf that any procedures conducted after the execution of the search warrant and the seizure of the phones were entirely legal and aimed at safeguarding the data.
It was explained that only visual material (videos and photos) was analyzed, without processing the data of private communications. According to the prosecution’s stance, content analysis of private communications (dialogues, etc.) only occurred after a relevant court order was issued (October 7, 2021).
During the interim proceedings, experts were examined and cross-examined. On behalf of the prosecuting authority, a specialist from the Police was called, while the defence attorneys of the first accused presented a Ukrainian expert witness.
The Nicosia Permanent Criminal Court had decided and ordered a trial within a trial on October 11th of last year. The defence attorneys had raised their objection concerning the submission of evidence by the prosecuting authority. They had submitted written arguments, analyzing their legal positions regarding the violation of legislative and constitutional provisions concerning their clients.
The defence attorneys of Asadov, based on information from Phileleftheros (the proceedings are closed to the public for reasons of national security), in their written argumentation had claimed that the prosecuting authority had submitted personal data and content of private communications in violation of relevant legislation.
Among other things, the issue of processing personal data, specifically related to the cultural and social identity of the accused, was raised. National legislation and international law were invoked.
Asadov is represented by Kostis Efstathiou, Efstathios Efstathiou, and George Kalogerides, while the second accused, 30-year-old Muzaffar Abbas, is represented by Panos Pafitis. The third accused, 29 years old, is represented by Cassandra Kouppari.
The terrorism case emerged after Asadov’s arrest in late September 2021. It was registered on November 5, 2021, with six total accused individuals, and the hearing began on July 6, 2023.
Two accused individuals were acquitted at an early stage, as it was judged that they did not have active participation, while a third person, a 22-year-old Cypriot university student of Lebanese descent, was sentenced to 12 months in prison with a three-year suspension and has turned into a prosecution witness.
Around late September 2022, when a year had passed since the arrest of the Azerbaijani, the latter, through his lawyer K. Efstathiou, had admitted to a large number of charges related to forgery and possession of firearms.
Asadov denies the charges related to terrorism, conspiracy to commit murder, and money laundering. The request of Efstathiou for access to the ballistic examinations (May 20, 2022) of the gun in possession of his client at the time of his arrest was granted.
The case emerged with the arrest of Asadov on September 27, 2021, in the parking lot of the Nicosia swimming pool and attracted international attention due to its geopolitical ramifications.
During the judicial proceedings following his arrest, Israeli media journalists and a journalistic team from Iran International based in London came to Cyprus. A characteristic aspect of how the matter was approached is the condemning decision against the 22-year-old student of Arab origin. In its decision in March 2022, the Criminal Court noted – among other things – that the second accused in the case, who resided and worked in Paphos, had met the 22-year-old in a place of worship in Nicosia around 2019.
It is also added that he expressed views against Israelis and Americans and supported Iran’s positions on revenge against the two nations. Moreover, representatives of the then Prime Minister of Israel, Naftali Bennett, spoke of a planned terrorist act shortly after the arrest of the 39-year-old Orhan Asantof in Agios Andreas, Nicosia.
They claimed that Iran, according to reports on an Israeli state channel, sought retaliation for the assassination of the head of the nuclear program of the Islamic country.
Information we had obtained indicated that Asadov allegedly targeted an Israeli millionaire and four other acquaintances. The primary target was an entrepreneur of Israeli origin, who enjoys international recognition. During the contentious period, he permanently resided on our island, from where he managed his business activities.
The list of five individuals also included a person who was purportedly an official in the tycoon’s companies. Specifically, this individual served as the Chief Financial Officer in the corporate group of the aforementioned entrepreneur and consequently was a key associate.
From our information and the charges brought in November 2021, it emerges that the Police, based on evidence, believe that Asadov had been in Cyprus for months and was attempting to plan and execute a terrorist attack.
It is indicative that out of the approximately 50 charges initially included in the indictment, at least 40 concern Asadov. Among other things, the indictment suggests that the authorities consider Asantof to have acted as an agent.
He is alleged to have used four fake Russian passports and an equal number of fake driving licenses, possessed a pistol, and maintained relations with anti-Zionist organizations.
One of the charges stated that between April and September, Asantof received the sum of $40,000 in Cyprus from someone named Mohamed to commit terrorism.
