In the first discussion following the publication of the 'Mafia State' report, MPs, the Legal Service, the Ministry of Justice and the Anti-Corruption Authority agreed that there is a need to grant additional powers, particularly investigative powers, to the Authority. However, from the initial positions expressed by all stakeholders, it became clear that although there is agreement in principle on such a legislative change, amendments would also be required to related legislation, including the law governing the operation of the Authority itself, as well as specific provisions of the Constitution.
During the discussion in the House Legal Affairs Committee on legislative proposals submitted by DISY and ALMA, which seek to empower the Authority to appoint criminal investigators whenever possible criminal offences are identified, the need for amendments to the existing legal framework was acknowledged.
Following a brief presentation of the two legislative proposals, the Deputy Attorney General, speaking on behalf of the Legal Service, said that any changes should be made within the framework of a broader dialogue so that any amendments introduced address issues of legality and constitutionality while serving the purpose for which it was deemed necessary to expand the powers of the Anti-Corruption Authority.
“Our concern should always be to ensure that criminal proceedings are conducted in a manner that guarantees both effectiveness and the right to a fair trial. Especially in cases of this nature, where the Attorney General is involved through various mechanisms, this factor should not be overlooked, including for practical reasons,” he said.
Commissioner for Transparency and chairman of the Anti-Corruption Authority Haris Pogiatzis appeared positive about changes to the Authority's powers, stating that he agrees with the legislative proposal submitted by ALMA.
He added, however, that he disagrees with the provision in the DISY proposal under which criminal investigators would be appointed from a list prepared by the Cyprus Bar Association and approved by the Attorney General. He argued that such a provision would undermine the Authority's independence.
“We do not accept criminal investigations being supervised by the Attorney General. If we are to conduct criminal investigations, we want to be the ones controlling them,” he stressed.
According to Pogiatzis, a total of 849 complaints have been submitted since the Authority's establishment, of which investigations have been completed in 580 cases. Investigations into 269 complaints remain pending.
He also noted that 30% of all complaints are anonymous.
According to Pogiatzis, only 17 of the 580 completed cases proceeded to criminal investigation.
Speaking on behalf of the Ministry of Justice, permanent secretary Giorgos Panteli said the ministry agrees with the overall spirit of the legislative proposals and requested time to prepare a comprehensive bill that would address investigative powers for the Anti-Corruption Authority, as well as any related issues that may arise.
All participants in yesterday's discussion agreed that a timetable should be set for the preparation of the government bill, which in any event should be ready by October.
Tension over Angelides
Speaking on behalf of ALMA, MP Michalis Paraskevas raised an issue and requested that it be recorded in the committee minutes regarding the representation of the Legal Service by Deputy Attorney General Savvas Angelides during discussions on amending the legislation governing the Anti-Corruption Authority.
As he explained, a number of complaints are pending before the Authority against Angelides and have yet to be investigated. He also noted that Angelides has recused himself from all procedures relating to the 'Mafia State' investigations.
Responding to Paraskevas, the Deputy Attorney General said that his recusal from that specific case does not in any way amount to relinquishing the exercise of his duties and powers.
