Fraud in Cyprus is not a crime it’s a tort


Whenever I think of the situation the victims of all Property Scams are in, I feel a swell of anger. Not the raw anger I could virtually taste when I first became aware of enormity of what was happening to me personally, nevertheless, still a simmering anger that just refuses to leave me.

Being a reasonably civilised individual, I am well aware of just how much damage that anger is doing to me. I have prayed for peace of mind and some guidance on how to deal with how I feel and I have to say, to some degree, I have improved.

This week I spoke to someone, another Kulaksiz victim, and the anger in his voice was palpable. Well I remember the early days when the situation I had found myself in ruled my every waking thought and invaded my dreams. I could, at that time have been driven to violence to all those who had put me in this situation. The rational part of my brain told me that to have given in to that urge would have reduced me to the level of the perpetrators of this crime and in doing so turned me into a criminal.

So how does one cope with a situation that is no fault of theirs when almost four years on it shows no sign of resolution? Well, I can only speak for myself. I am sure the ladies of ABAG who have been in the same position for over seven years would be able to give advice on this, but how do you keep anger under control? Some people have difficulty over even minor events but when your life, your dreams and in some cases the loss of a loved one through stress exacerbating an existing condition and bringing premature death do you daily cope with all this when it continuously hangs heavily on your conscious mind?

There are those who have written that we should accept what has happened and move on. Needless to say this advice comes from those totally unaffected and living a charmed life here in the TRNC. Please do not rock my boat is their attitude, well sorry folks, but when so many of us around you are drowning, your boat will be well and truly rocked.

Why is Yuksel Yilmaz still happily employed as a Manager for Pegasus Airlines at Hatay Airport when he should be in jail awaiting trial on Fraud charges? Yes, both North and South claim Fraud is a Civil Offence; is it? Only if you as a victim seek compensation for the Fraud does it become a Civil case (a Tort). This information was gleaned from Serap Destegul, Legal Adviser to the TRNC Consul in London during a 35 minute phone call with her back in 2010, but is it true? And why is Abdurrahman Guney not sitting in the cell next to him awaiting trial on the same charges? One last important question, why are the family of Yuksel Yilmaz living on the same site as the other K5 victims, apparently unconcerned, while yet another vehicle (now 3) has arrived on their driveway, do they know they are not going to be evicted, and if they do know this, why would that be?

Did Akfinans Bank Limited know of the houses on the land they took as security? Surely, as a competent commercial concern, advancing a further 100,000TL to two men who were already in default on their first loan, they would have taken some basic precautions, like sending out a Surveyor who would certainly have reported back that, yes, there were many fully built properties on the land being used as security. When charged with the safety and security of your Investor’s money, this would seem to me, the very least they would have done.

Why is the original loan agreement shrouded in secrecy? I am not accusing anyone you understand, just asking legitimate questions.

My way, having done as much as possible to help myself, is to keep this issue in the public eye, to let it fade is exactly what those who caused it would like. Crime certainly will have paid handsomely if we allow that to happen. Successive TRNC Governments who allowed this to happen, even though it was being brought to their attention by the Home Buyers Pressure Group, Individuals and even to some extent the Property Complaints Office whilst it was operative. There are files in the Government buildings collated by this office, surely someone must have looked at them?

Kulaksiz are still today trading and have many, many more disgruntled purchasers. Kulaksiz 5 is only the tip of the iceberg. Why are they allowed to continue to trade? Why is any Building Company who has betrayed the trust of its purchasers allowed to continue to trade?

I am sure the other 1400 in the Auction Queue, and those with equally important property issues, would love to know the answer.

So many questions, never any answers.


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