The Director General of the Ministry of Justice, Giorgos Pante, before the Parliamentary Committee on Legal Affairs during Wednesday’s debate on the issue. The Legal Service, represented by Assistant Attorney General Savvas Angelidis, also expressed a positive view on the prospect of debating such a bill. 

At the same time, the Anti-Corruption Authority, through its President, Haris Poyatzis, stated that it was ready to assume the relevant responsibilities, while also noting that the issue of its understaffing must be addressed. In remarks made after the session, the Committee Chair, DISY MP Fotini Tsiridou, stated that the executive branch has been given a deadline of October to submit the bill. 

DISY and “Alma” have submitted draft bills on this specific issue.

The DISY bill provides for the Authority to appoint independent criminal investigators from a list compiled by the Cyprus Bar Association and approved by the Attorney GeneralAttorney General.

The “Alma” movement’s bill “Alma” provides for the Anti-Corruption Authority to directly authorize a criminal investigator to conduct an investigation when it identifies a possible criminal offense.

A procedural issue was raised by “Alma” movement MP Michalis Paraskevas, regarding the presence of Deputy Attorney General Savvas Angelidis at the meeting of the Legal Affairs Committee, noting that Mr. Angelidis, while asserting that “cases against him are pending with the Anti-Corruption Authority.”

“The recusal in this specific case has absolutely nothing to do with any resignation from my duties as Deputy Attorney General,” Mr. Angelidis replied.

“If the objection to my presence here were indeed objective, I would expect the same objection to be raised regarding the investigator of the case, Mr. Nikitas, as well as the members of the Authority, who have exercised all their powers in accordance with existing law,” he added.

“No objection of any kind will be accepted. This Committee will not become a people’s court. We are discussing legislative proposals,” stated the Committee Chairwoman.

“The ultimate goal of DISY’s proposal is to expedite and streamline procedures. We felt the need to provide the Authority with additional options, not only so that the Authority can carry out its work but also to strengthen the sense of justice in society,” said DISY MP Giorgos Pamboridis. Mr. Paraskevas stated that “our proposal breaks the deadlock.” 

“Under our proposal, the Authority will be able to appoint criminal investigators. A way must be found for the Authority to have investigative powers,” noted “Alma” MP Irini Charalambidou.

“I believe that both proposals should address Article 10,” said AKEL MP Andreas Pasiourtides.

“The fact that the Authority appoints other criminal investigators does not resolve the issue of time. With these two proposals, we are not changing any aspect related to time,” said ELAM MP Linos Hatzigeorgiou.

The Deputy Attorney General stated that “the position of the Legal Service is that a substantive dialogue should begin within a tight timeframe, as part of a positive and constructive approach.”

“It might be more ideal to introduce a comprehensive bill covering the issues under discussion,” he noted.

He also said that “it is indisputable that an investigation by the Authority has a different framework than a criminal investigation. The Authority’s mission, as set forth in Articles 6 and 7, does not focus solely on the subject of the investigation, but aims to coordinate the actions of agencies to prevent and combat acts of corruption at the national level.”

He noted that “care must be taken to ensure that the Authority’s objectives and powers are not compromised.” “In essence, the proposed amendments do not facilitate a faster and more effective initiation of criminal investigations; they do not prevent overlap or duplication,” he stated. 

“It must always be our collective concern that criminal proceedings are conducted in such a way as to ensure efficiency and a fair trial,” said Mr. Angelidis. “Especially in cases of this nature, where the involvement of the Attorney General is required under various mechanisms, this factor should not be overlooked, not least for practical reasons,”, he noted.  

“Nor should the constitutional role of the Attorney General with regard to criminal matters be ignored,” he added.

“I will not comment on the gaps and details, but I believe it is a mistake to proceed with isolated amendments without looking at the big picture, which will become clear to us as we handle numerous cases in the future,” concluded the Assistant Attorney General.

Mr. Poyatzis stated that “the focus is on acquiring investigative powers; the Authority declares itself ready for such a development. We agree with the ‘Alma’ proposal.”

“We disagree with DISY’s proposal that investigators be selected from a list provided by the Cyprus Bar Association and approved by the Attorney General. This undermines the Authority’s independence,” said Mr. Poyatzis regarding DISY’s proposed bill.

“We do not accept that criminal investigations be supervised by the Attorney General. If we are to conduct criminal investigations, we want to oversee them ourselves,” he added.  

As Mr. Poyatzis reported, the Authority has received 849 complaints to date, of which 580 have been investigated, while 269 remain pending.

Mr. Poyatzis also addressed the Authority’s staffing, noting that there are no permanent employees. “We have 16 people working there. Only the court clerk has permanent staff status.”

“The Ministry of Justice agrees with the Anti-Corruption Authority acquiring investigative powers,” said the Director General of the Ministry of Justice.

“The intended goal and purpose are not achieved by these specific legislative proposals. The Ministry of Justice proposes that time be allotted, according to a set timeline, to prepare a bill that will cover all aspects, with the aim of submitting it to Parliament as soon as possible,” added Mr. Pantelis.  

“The two proposed bills may not resolve the problems. I believe this is a great opportunity to draft a comprehensive bill that grants investigative powers to the Anti-Corruption Authority,” said Orestis Nikitas on behalf of the Cyprus Bar Association.

“A timeline must be established. I would like to commend the Ministry of Justice’s positive approach as well as the Attorney General’s constructive stance on the legislative proposals,” said DISY MP Dimitris Dimitriou.

“I consider it very important that there appears to be a willingness to move forward with a substantive reform of the Authority. I understand that we are discussing the granting of criminal investigative powers to the Authority,” said AKEL MP Giorgos Loukaidis.

“What will the role of the Attorney General be at this stage, and if he is excluded at any point, then how do we resolve the constitutional issue?” asked DIKO MP Panikos Leonidou.

“Any outcome of a criminal investigation will be referred to the Attorney General. He will decide whether a case will be brought to court,” replied Mr. Poyatzis.

“Our goal is, on the one hand, to combat corruption, but the principle of proportionality must also be upheld. What about the basic rights of every suspect? We need to look into that,” said Mr. Leonidou.

“It was very positive that all those present—from the Legal Service to the Independent Anti-Corruption Authority, the Ministry of Justice itself, and the Cyprus Bar Association, were all willing to discuss, consult with one another, and present us with a comprehensive framework,” said the Chair of the Legal Affairs Committee in remarks following the conclusion of the session.

“We set timelines so that, by October at the latest, we would have something before us that would help improve the functioning of the independent Authority,” she added.  

“The bills before us as a Committee are intended to allow the officials themselves to appoint criminal investigators,” Ms. Tsiridou clarified regarding the bills submitted by DISY and “Alma.”   

“The difference lies in the method of appointment. Whether this will be from a predetermined list, which will be approved, and so on,” she explained.  

“Now, if a different framework is presented to us following consultation with all institutions and stakeholders, that is a separate matter we will discuss at the meeting,” she said.  

In his own remarks, Mr. Pasiourtidis noted that the “the government and the Legal Service have clearly stated that it is their intention to submit a bill that will grant investigative powers and authority to the Anti-Corruption Authority.”

“This changes the entire philosophy of the Authority, and we look forward to seeing the proposals and views of the Government and the Legal Service in writing so that we can determine how to ensure that the Anti-Corruption can carry out its work as quickly, effectively, transparently, and accountably as possible,” he added.  

“The investigation will be conducted under the supervision or oversight of the Anti-Corruption Authority, but the final decision on whether to refer a case to the Criminal Court will rest with the Attorney General,” said Mr. Pasiourtidis.

“This is where the discussion of reviewing decisions comes in, because it’s all part of a broader framework that we need to consider as a whole,” he noted. “If the provision for reviewing the Attorney General’s decisions on whether to prosecute, not to prosecute, or to suspend proceedings is also passed, it will strengthen a framework of transparency and accountability,” he added.

“We emphasized that the text must ensure there is no overlap of jurisdiction and that the authority’s independence will continue to be upheld,” he said.

“The most significant problems currently facing the Authority are the time it takes to conduct an investigation and the effectiveness of those investigations,” said ELAM MP Sotiris Ioannou, in his remarks.

“The main problems stem from the fact that there are no investigative powers, and there is also the issue of understaffing,” he added.

““Since investigative powers can be granted to the Authority—and this is being done with the consent of both the Legal Service and the executive branch—we believe this is a step in the right direction,”, noted Mr. Ioannou.  

“Today it was confirmed that the bill we have submitted is the answer to the impasse that has been created,” stated Mr. Paraskevas, for his part. “I will use the words of Mr. Poyatzis himself, that our proposal is a simple one that can be implemented immediately,” he added.

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Source: CNA