The case brought to light by the surveyor-engineer Georgios Syrmalis, with his report on «conversion of land parcels of Enchoriu into private land parcels», continues to cause political turmoil and questions about responsibilities and accountability. The complaint, which was forwarded on 10 March by the Mayor of Kythera to the Domestic Property Committee (EEPKA) and notified to the Piraeus Prosecutor's Office, has raised serious issues of public property management on the island. (The transmittal document signed by Mr. Harhalakis is provided at the end of the article).
However, the letter of Mayor Efstratios Harhalakis to the EEPKA, in which he states that the the case is the exclusive competence of the Commission, raises questions about whether that allegation is legally accurate.
Is the Home Office solely responsible or is the City Council also involved?;
According to legal circles, the Domestic Property is responsible for the management and protection of non-private land, as defined in Article 84 of Law 1416/1984 and the DECREE 272/1985.
However, the ownership of these areas belongs to the Municipality of Kythera, i.e. it concerns both the City Council which at the same time has become recipient by electronic mail of the Syralis report.
As the same sources told Kythera.News, this means that:
The ESRB is responsible for the management and protection of of the lands under the Domestic Property.
The Municipality of Kythera (Municipal Council) is the dominant owner of these lands.
If there is a question of transfer or dispute of property rights, the Board is required to get involved and make a decision. And they add:
The Syralis complaint is not just about a administrative issue of the Domestic, but a a major political and legal issue concerning the protection of the public property of the municipality. Therefore, the case cannot be referred exclusively to the ECSC, bypassing the City Council.
Is the City Council required to discuss the matter?;
As noted:
The Board of Kythera must discuss the case, as it owns the non-private land.
The responsibility of the Municipality concerns not only this case, but also future similar cases. It should be noted at this point, that in the controversial case of the dispute between the Municipality - Committee of Enchorios and the Church for the Holy Exercises, the issue was never introduced to the Municipal Council and no decision was taken by its members.
Is there an opinion of the Municipality's Legal Department on the matter?; And if so, has been communicated to the Councillors so that they have a clear picture of their responsibilities?;
If there is such an opinion, the question arises:
Will it be made public, as the principle of transparency requires?;
Have the Councillors, who have a duty to take a stand on such a critical issue, taken note?;
The case concerns not only the specific complaint of Syrmalis, but also the broader framework for the protection of the public property of the Municipality of Kythera.
The political weight of the case
The case has clear political dimensions and touches on all institutional and political actors of the island:
The EUPCA has the responsibility to protect and control the legality of the land falling within its competence.
The Municipality of Kythera has the responsibility to ensure that there is no encroachment of municipal land, since they are owned by him.
The City Council has a duty to consider whether there is an issue of illegal land transfer and to take decisions in this regard.
The questions are:
- Will the City Council attempt to ignore the issue or will they discuss it in a special meeting?;
- Will the Legal Department be invited to present its position and brief Councillors?;
- Will the Board proceed to a decision on further control, possibly through prosecutorial intervention or other actions to the competent bodies?;
The attitude of the City Council will be an example of transparency and political will for the protection of public property.
The City Council is invited to rise to the occasion and examine the complaint with transparency and institutional accountability.
The citizens of Kythera demand clear answers - and not political manoeuvres to avoid responsibility.
Tomorrow, Thursday, we will come back to the issue as there are new developments.
