Consequently, the question reasonably arises as to whether the Attorney General will consent to the conduct of a new investigation by the Anti-Corruption Authority. Decision from the Anti-Corruption Authority, the Attorney General's consent is required. What is sought is for answers to be given to all the questions that remain unanswered, and for the circumstances under which the case unfolded in Cyprus to be fully clarified.
The independent Anti-Corruption Authority is moving towards the appointment of inspection–investigation officers, in order to examine the complaint by the head of ALMA, Odysseas Michaelides, regarding the case of the black spy vanand the alleged conflict of interest of the deputy attorney general, Savvas Angelides.
At the centre of the complaint is the decision by Mr Angelides and the Attorney General, Giorgos Savvides, to suspend the criminal prosecution of the Israeli Tal Dilian, a former Mossad operative, who was the owner of the black spy van. The vehicle was imported into Cyprus as meteorological equipment, while in reality it carried surveillance systems and systems for the interception of telephone conversations.
The Authority's intention to investigate the black van case was revealed by its president and Commissioner for Transparency, Haris Poyiadjis, during a recent session of the Parliamentary Committee on Legal Affairs. For his part, MP Odysseas Michaelides expressed strong displeasure at the great delay observed, pointing out that the complaint has remained pending for almost four years. When the complaint was submitted, Mr Michaelides still held the position of Auditor General of the Republic.
The conviction in Greece
A catalytic factor for the re-examination of the case is the recent judicial developments in Greece. Tal Dilian and his associates were sentenced to terms of imprisonment, in the case of the telephone surveillance of political figures, ministers, MPs and military personnel.
These developments are expected to broaden the scope of scrutiny of the Anti-Corruption Authority, as the question urgently re-emerges as to whether corresponding illegal surveillance was also carried out in Cyprus.
Will the Attorney General agree?
Even before the substantive investigation of the case begins, the Anti-Corruption Authority is called upon to overcome a significant legal obstacle, which stems from the very legislative framework governing its operation.
Specifically, the Law on the Establishment and Operation of the Independent Anti-Corruption Authority provides that, before the commencement of any investigation, the Authority must address the Attorney General, in order to ascertain whether a criminal investigation of the same case is already in progress by the Police or by an independent criminal investigator. The purpose of this particular provision is to avoid parallel investigations into the same actual facts.
Relevant here is Article 10 of the legislation, which provides the following: "The Authority, in a case where a criminal investigation has begun, either by the Police or by a criminal investigator, into an act of corruption which falls within the framework of its competences, following notification by the Attorney General of the Republic, does not begin and/or terminates any parallel action already commenced: Provided that, the Authority may request and receive information regarding the progress of the aforementioned cases from the Attorney General of the Republic."
The questions
The above provision of the law creates reasonable concerns as to whether the case can be reopened.
The case of the black spy van was the object of a months-long investigation by the independent criminal investigator, Ilias Stefanou, and closed with the decision of the Attorney General, Giorgos Savvides, and the deputy attorney general, Savvas Angelides, to suspend the criminal prosecution of Tal Dilian and his co-accused. Under these circumstances, the question arises as to whether the Legal Service will inform the Authority that there no longer exists any impediment to the commencement of a new investigation, or whether it will consider that the case has already been the object of a criminal investigation and, therefore, there is no reason for its re-examination.
Equally crucial is considered a second issue: whether the attorney general and the deputy attorney general will allow the Anti-Corruption Authority to obtain access to the findings of the independent criminal investigator Ilias Stefanou, which have been classified by the Legal Service as "secret". This particular set of findings is considered especially important, as it records the entirety of the criminal investigation and the conclusions reached by the well-known criminal lawyer regarding the activity of the Israeli former operative in Cyprus.
It is worth noting that the Legal Service had refused in the past to forward the findings to Parliament, when this was requested within the framework of parliamentary scrutiny.
The complaint
The complaint that Odysseas Michaelides submitted to the Anti-Corruption Authority includes a series of documents and materials, on the basis of which the allegation of a possible conflict of interest of the deputy attorney general in relation to the handling of the black van case is formulated.
More specifically, it is argued that the brother of the deputy attorney general maintained professional relations with close associates of Dilian. In this context, reference is made to the formation of a company, which was registered with the Registrar of Companies through the law firm in which Savvas Angelides was a partner, before his appointment to a ministerial position, in 2018.
According to Odysseas Michaelides, the above materials acquire particular significance, as Savvas Angelides participated in the taking of the decision to suspend the criminal prosecution of Tal Dilian and his co-accused.
Savvas Angelides's response
The deputy attorney general has categorically rejected all the allegations formulated against him. In a written statement, dated 10 August 2022, he stated: "As to the repeatedly advanced, indecent allegations against me of a connection with Mr Tal Dilian, I frankly declare that these are baseless allegations bordering on mudslinging, and their ultimate purpose is to harm the Legal Service of the Republic and myself."
The investigation that must be done
Given the totality of the materials that have been recorded around the case of the black spy van, as well as the recent developments with the convictions against Dilian and his associates in Greece, the investigation of the case by the Anti-Corruption Authority acquires particular significance. The Authority is called upon to examine in depth all aspects of the complaint before it, as well as the questions that have arisen through public dialogue.
Particular weight should also be given by the Authority to what emerged within the framework of parliamentary scrutiny, according to which Tal Dilian maintained contacts and collaborations with political figures in Cyprus, who are alleged to have known the nature of his activity. At the same time, the fact that the Police was also included in the client list of the Israeli businessman requires investigation.
The testimony of the criminal investigator, Ilias Stefanou, is expected to contribute to a fuller understanding of the data placed before him during the investigation, as well as the reasons that led to the final decisions of the competent authorities.
The case of the black spy van remains a dark chapter for the public life of Cyprus. Public opinion now expects to be informed of all aspects of the activity of Tal Dilian and his associates in Cyprus, as well as the manner in which the competent authorities closed a case without criminal prosecutions, in which a former Mossad operative was involved who collaborated even with the Police, and circulated for months undisturbed on the Cypriot roads with a black spy van.
