The Bulgarian father of two boys found dead in a car in Xylofagou in June will remain in custody until his trial on November 30, after a senior British bases judge rejected his appeal against the refusal of bail on Monday.
According to his lawyer, Christos Th. Theodoulou, the decision was not based on the father’s conduct but on what the defence described as a legal gap between the Sovereign Base Areas (SBA) and the Republic of Cyprus concerning the enforcement of arrest warrants.
The father faces two counts of causing death by a rash, reckless or negligent act after his two sons, aged eight and ten, were found dead inside a parked car in Xylofagou on June 28.
His lawyers said he had no criminal record and had cooperated fully with the authorities from the outset.
However, according to the defence, the court accepted evidence that arrest warrants issued by the British bases cannot be executed in territory controlled by the Republic of Cyprus.
The lawyers also said that while the Bases have legislation allowing people to be returned to the Republic, Cyprus has not introduced equivalent legislation providing for their return to the Bases.
More than 1,300 arrest warrants outstanding
Evidence presented during the proceedings indicated that more than 1,300 arrest warrants remain outstanding.
The defence argued that this legal gap affects not only their client but potentially anyone facing criminal proceedings before the SBA courts, effectively restricting their ability to obtain bail.
The lawyers said they were now considering legal action against the Republic of Cyprus over its failure to establish the necessary legislative framework.
The father has remained in custody since his arrest following the deaths of the children. Previous applications for bail were rejected over concerns about the risk of absconding and the ability of the SBA authorities to enforce bail conditions outside their jurisdiction.
His lawyers had previously challenged those concerns, pointing to his longstanding residence in Cyprus and his cooperation with investigators.
Monday’s ruling means he will remain in custody pending his trial, scheduled for November 30.