The decision by the Office of the President of the Republic—following a recommendation from the Legal Service—to grant a pardon and a suspension of sentence to Charalambos Chrysanthou, a prisoner serving a long-term sentence, also known as “Hamburger.” The 43-year-old was serving a 35-year prison sentence for two attempted murder cases, involving a total of five victims, in Larnaca and Ayia Napa, as well as a 5-year prison sentence for the rape and beating of a woman. 

READ ALSO: “Hamburger,” who confessed to the two attempted murders, sentenced to 35 years in prison

The issue was brought to light by the Reporter website, and the Legal Service issued a statement noting that “the presidential pardon granted by the President of the Republic with the consent of the Attorney General and the Deputy Attorney General of the Republic does not constitute an acquittal or a dismissal of criminal acts.”

“This is a constitutionally granted power of the President of the Republic, which is exercised in exceptional cases and takes into account a number of factors, such as cooperation with the authorities, the administration of justice, security concerns—including those of society as a whole—and the need to protect the life not only of the witness but also of his or her family. The relocation of a witness to another country falls precisely within this framework of protection.”

The Legal Service explains that “the specific individual referred to in the news article, following his conviction and sentencing, was enrolled in the Witness and Justice Collaborators Protection Program (the Witness Protection Law of 2001 (95(I)/2001) with the aim of testifying as a prosecution witness in two serious cases of attempted murder against an individual who had already been sentenced to life imprisonment for five premeditated murders.”

“The Witness and Justice Collaborators Protection Scheme provides for measures to protect both the witness and his or her immediate family, which the Attorney General of the Republic may decide upon depending on the specific circumstances of each case. The Witness and Justice Collaborators Protection Program, which is in line with international practice, was not established to reward criminals. It was established because, in cases of organized and serious crime, often only someone involved in the criminal activity can reveal the truth.”

The statement notes that “when a witness testifies against individuals involved in serious criminal cases, it is not only the witness who is exposed.

“Their family members are also put at risk, even though they bear no responsibility for the witness’s actions or for their decision to cooperate with law enforcement authorities. The State has a duty to protect these individuals and, by extension, society as a whole, because, in this way, it safeguards the credibility of the justice system; otherwise, it would be extremely difficult to persuade anyone to cooperate with the authorities.”

“It was in light of the above that the decision to grant a pardon was made,” says the Legal Service, emphasizing that “any violation of the conditions imposed on the individual in question through the granting of a pardon automatically reinstates the sentence imposed on him.”