The appointments have been viewed by many as capable of safeguarding the independence and impartiality of the investigative process, as the team includes two distinguished law professors and two lawyers who worked with the Anti-Corruption Authority in recent years on other suspected corruption cases. One of them authored the report that paved the way for a criminal investigation into former EDEK president Marinos Sizopoulos.
However, only hours after the appointments were announced, concerns emerged regarding a conflict of interest involving one of the criminal investigators. The development prompted criticism and raised questions about whether the Presidency had adequately scrutinised potential incompatibilities before making the appointments.
Recusal from the Focus investigation
Lawyer and law professor Christos H. Mylonopoulos, who was appointed as a criminal investigator, found himself facing a conflict-of-interest issue concerning the part of the investigation relating to the Focus company, through which the late Greek banker Andreas Vgenopoulos allegedly channelled funding to political parties in Cyprus.
Mylonopoulos had previously represented shipping magnate Michalis Zolotas, a close associate of Vgenopoulos, during extradition proceedings from Greece to Cyprus connected to the Focus case. This was deemed problematic in relation to his participation in that particular aspect of the investigation.
Although, according to the report of the Anti-Corruption Authority, the individual under examination for possible corruption offences in the Focus case is former president Nicos Anastasiades rather than Michalis Zolotas, Mylonopoulos’ previous involvement was considered sufficient to create an objective conflict-of-interest issue regarding that part of the inquiry.
Government criticised over handling
What caused particular concern was not merely the existence of the conflict-of-interest issue but also how it was handled by the Christodoulides administration.
Mylonopoulos’ recusal from the Focus investigation was announced several hours after his appointment, by which time the issue had already been highlighted on social media.
The time gap between the appointment and the announcement of the recusal sparked criticism, with observers arguing that the decision should have been made and communicated from the outset. The development has raised questions as to whether sufficient checks were carried out before the appointment of the criminal investigators.
It is noted that all five investigators were asked by the Presidency to sign declarations confirming the absence of any conflict of interest before their appointments were finalised.
Concerns over a second investigator?
Beyond the Mylonopoulos case, former Cyprus Bar Association president Christos Clerides publicly expressed the view that questions may also arise regarding the appointment of a second investigator, Nikolas Koursaris, who serves as vice-president of the Nicosia Bar Association.
Clerides argued that lawyers who hold positions in the representative bodies of the legal profession should not be involved in investigations of this nature. Among the factors he cited was the role of Cyprus Bar Association vice-president Nikolas Tsardelis, who previously held a senior position at the Andreas Neocleous law firm, which is implicated in the case, as well as the fact that Tsardelis is married to a senior serving judge.
These observations have created a need for immediate clarification from the government in order to dispel any doubts regarding the independence of the investigative team and maintain public confidence in the process.
The Five Criminal Investigators
1. Vassilios Skouris
A professor of Public Law at Aristotle University of Thessaloniki and a practising lawyer, Skouris has been appointed head of the investigative team.
He is 78 years old and served as president of the Court of Justice of the European Union from 2003 to 2015. He also twice served as Greece’s interior minister, in the caretaker government of Ioannis Grivas in 1989 and in the government of Costas Simitis in 1996.
2. Christos H. Mylonopoulos
A professor at the Athens Law School and practising lawyer, Mylonopoulos is 73 years old.
He is the founder and president of the Institute of European and International Criminal Law and a member of the Scientific Council of the Hellenic Parliament.
3. Sotiris Liasides
The former president of the Family Court previously undertook, on behalf of the Anti-Corruption Authority, the investigation into allegations made against former EDEK president Marinos Sizopoulos.
Together with lawyer Nikolas P. Constantinou, Liasides produced a report identifying potential criminal corruption offences. Based on that report, a criminal investigation into Sizopoulos is currently underway.
4. Dimitris Tsolakidis
A criminal lawyer and member of both the Criminal Justice Committee and the Criminal Law Subcommittee of the Cyprus Bar Association.
In recent years, Tsolakidis was appointed by the Anti-Corruption Authority, together with two other officials, to investigate a complaint submitted by AKEL MP Christos Christofides concerning DISY.
The complaint named 13 foreign nationals who had obtained Cypriot citizenship through the “golden passports” scheme and were alleged to have made donations to DISY.
However, the resulting report found no evidence supporting claims of improper exchanges or favours and concluded that the citizenships in question had been granted in accordance with legal procedures.
5. Nikolas Koursaris
Koursaris serves as vice-president of the Nicosia Bar Association and possesses experience in civil, corporate and criminal law matters.
Six Months, and Possibly Longer
The five criminal investigators are expected to assume their duties immediately, with a mandate to examine all matters detailed in the Anti-Corruption Authority’s report.
Their appointments have an initial duration of six months, with the possibility of extension following a justified request to the Council of Ministers.
At the same time, the government has decided to provide the necessary administrative and secretarial support to ensure the investigative team’s uninterrupted operation until the completion of its work.
