The seriousness of the findings of the Anti-Corruption Authority’s report, the institutional positions held by the persons named and the links of these persons with current state officials, make the need for the appointment of independent criminal investigators imperative. Based on the data formed after yesterday’s bombshell report, it dictates that an immediate decision be taken for the appointment of independent criminal investigators, in order to ensure the impartiality and transparency of such an investigation.
The report records the names of 13 individuals and two law firms for the possible commission of criminal offences. Listed in detail are the persons and the offences for which they are under investigation, based on the findings of the Anti-Corruption Authority.
Former President Nicos Anastasiades: Influence peddling (3 cases), abuse of power (felony) (1 case), abuse of power (misdemeanour) (3 cases)
Stathis Lemis, partner at the law firm Nicos Chr. Anastasiades & Partners: Influence peddling (1 case), money laundering (1 case)
Fanos Philippou, partner at the law firm Nicos Chr. Anastasiades & Partners: Influence peddling (1 case), money laundering (1 case)
Law firm Nicos Chr. Anastasiades & Partners: Influence peddling (1 case), money laundering (1 case)
Rikkos Erotokritou, former Deputy Attorney General: Abuse of power (misdemeanour) (2 cases)
Charis Solomidou, former District Court President: Bribery of a public official (1 case), transactions indicating corruption (1 case), unlawful acquisition of property benefit (1 case)
A. Neocleous & Co LLC: Bribery of a public official (1 case), transactions indicating corruption (1 case), active bribery of domestic public officials and corporate liability of a legal entity (1 case)
Panayiotis Neocleous, lawyer: Conspiracy to pervert the course of justice (1 case)
Dmitry Rybolovlev: Influence peddling (1 case)
Andreas Hatzikyriakos, journalist, communications consultant: Influence peddling (1 case)
Efthymios Bouloutas, CEO of Laiki Bank: Influence peddling (1 case), money laundering (1 case)
Nicos Kouyialis, former Minister of Agriculture, Natural Resources and Environment: Abuse of power (misdemeanour) (1 case)
Giorgos Varnavas, former MP: Abuse of power (misdemeanour) or attempt to commit a criminal offence (1 case)
Eva Rossidou Papakyriakou, former head of MOKAS: Abuse of power (misdemeanour) or attempt to commit a criminal offence (1 case), neglect of official duty (1 case)
Ioannis Sotiriadis, former senior police officer: Abuse of power (misdemeanour) (1 case)
It is noted that the criminal offences under investigation are considered very serious, especially money laundering, which carries a penalty of up to 14 years’ imprisonment, while other offences such as abuse of power and bribery of a public official carry penalties of up to 7 years.
Next steps
As stated in the Anti-Corruption Authority report, on page 63, point 81, “both the report and all the evidentiary material, together with a report by the Authority, will be forwarded to the Attorney General, in accordance with a provision of the Law, while at the same time, under another provision of the Law, the report will be sent to the Tax Commissioner for his own actions”.
As regards the possible commission of criminal offences, as stated in the report, the Attorney General may decide to appoint criminal investigators or instruct the Police to commence a criminal investigation of the case, based on the findings of the report. There is also the authority for the Council of Ministers to proceed with the appointment of independent criminal investigators.
What is being intensely discussed in legal circles is the conflict that arises concerning the Attorney General and the Deputy Attorney General. Regardless of which of the above three options is chosen, the final report of the criminal investigation will be sent to the Legal Service to decide whether criminal prosecutions are justified. However, this decision will have to be taken by Giorgos Savvides and Savvas Angelides, who served as ministers during the presidency of former President Nicos Anastasiades.
Furthermore, Nicos Anastasiades as President appointed them as heads of the Legal Service. Therefore, how is impartiality ensured when the heads of the Legal Service appointed by Anastasiades will be called to decide whether criminal prosecution will be brought against him?
Comments about possible conflict also touch the current President, since if the Council of Ministers is called to decide on the appointment of independent criminal investigators, Nicos Christodoulides was for nine years one of Anastasiades’s closest associates and served as Government Spokesman and Minister of Foreign Affairs.
“Let them be recused”
On this issue, the former President himself responded. In a written statement issued yesterday, Anastasiades stressed that “in order to remove any good-faith or bad-faith suspicion, I request the recusal from oversight of the investigations of the Attorney General and the Deputy Attorney General, so that it may be demonstrated with evidence that what is attributed to me is unfounded”.
With regard to the accusations attributed to him through the report, he stated: “I categorically deny the alleged offences and request their immediate investigation by the competent authorities.”
In other parts of his written statement, he noted:
• The claims of enrichment, corruption and numerous other defamatory references by Mr Makarios Drousiotis collapsed as unfounded.
• Most of the charges attributed by the investigating officers and the Authority not only are not included in the allegations under investigation in Drousiotis’ book, but were never presented to me during the investigative process so that I could respond.
• For both the claims of Mr Drousiotis and the lack of substantiation of the accusations, I will provide evidence-based answers at a press conference in the coming days.
Legal Service: Awaiting the report
The Legal Service is awaiting the full report, as it had not yet received it by yesterday. Once it is received, it will be studied and announcements will follow regarding the next steps.
According to Politis, a team will be set up within the Legal Service to examine the report and the evidence collected, after which decisions will be taken. In relation to former MOKAS head Eva Rossidou Papakyriakou, individuals within the Legal Service who had connections with that unit are expected to be recused.
It is noted that MOKAS is functionally independent and autonomous, while hierarchically it falls under the Attorney General.
“Vindication”
The lawyer of Makarios Drousiotis described the findings as vindication. Lito Kariolou stated that Drousiotis had been targeted for years because of his investigative work and revelations concerning corruption, interdependence and abuse of power in Cyprus.
“It cannot be disputed that this is a historic development. Today’s announcement constitutes significant vindication of the long-standing efforts of Makarios Drousiotis,” she said.
She added that through his trilogy, and particularly the book Mafia State, Drousiotis highlighted issues concerning the functioning of institutions that, as she claimed, “for a long time were attempted to be discredited and marginalised due to the political power and influence exercised by the former President.”
She noted that the findings record possible serious criminal offences, including abuse of power, bribery, corruption of public officials, influence peddling and conspiracy to pervert the course of justice.
She also underlined the need to ensure independent handling of the report and the procedures that will follow.
