Independent criminal investigator Andreas Paschalides has recommended the prosecution of four individuals for the offence of influence peddling under Cyprus' law ratifying the Council of Europe Criminal Law Convention on Corruption, according to information published by Politis.
However, the recommendation is accompanied by a series of reservations, with lawyers at the Law Office tasked with determining whether the available evidence is sufficient to sustain such charges in court.
Among those expected to be examined in relation to the offence are former ministers Giorgos Lakkotrypis and Giorgos Lillikas, Politis reported.
Paschalides confirms prosecution recommendation
Paschalides on Thursday publicly addressed criticism surrounding his findings in the high-profile Videogate investigation, rejecting claims that he had attempted to shield close associates of President Nikos Christodoulides.
The criticism intensified following his recent reappointment as chairman of the Independent Authority for the Investigation of Allegations and Complaints Against the Police, a decision made by the Council of Ministers shortly before his report was submitted to the Attorney-General.
In his statement, Paschalides said his investigation concluded that no provisions of the Criminal Code had been violated.
However, he added that, after reviewing the evidence and relevant case law, he found indications of violations of the anti-corruption legislation implementing the Council of Europe convention by both politically exposed and non-politically exposed persons.
"In light of my finding that criminal offences have been committed by politically exposed and non-politically exposed persons, and my recommendation that they be prosecuted, legitimate questions arise as to how some conclude that my report exonerates everyone and everything," Paschalides said.
Reservations remain
The recommendation for prosecution was not presented as straightforward.
In an earlier statement issued on Monday, Paschalides had not explicitly disclosed that he was recommending criminal prosecutions. Instead, he referred only indirectly to possible breaches of anti-corruption legislation while expressing reservations about whether the offence could ultimately be established.
Notably, the word "prosecution" did not appear in that initial public statement.
He wrote at the time that while there appeared to be no evidence of Criminal Code violations by the Cypriot individuals involved, investigators had examined whether actions, representations, promises and statements made by certain individuals could constitute offences under anti-corruption legislation.
Influence peddling charge proved difficult in Al Jazeera case
The report notes that the offence of influence peddling was also central to the Al Jazeera undercover investigation that led to the resignation of former House president Demetris Syllouris and implicated former MP and businessman Christakis Giovanis.
Both men faced influence peddling charges, among others.
However, prosecutors ultimately failed to prove the offence, and the case collapsed after the Al Jazeera footage was ruled inadmissible because it was obtained through unlawful recording.
According to legal sources cited by Politis, influence peddling is considered particularly difficult to prove because prosecutors must establish specific facts and intent.
What is influence peddling?
The offence stems from international anti-corruption agreements, including the Council of Europe Criminal Law Convention on Corruption and the UN Convention Against Corruption.
The legislation aims to protect the integrity of public institutions by preventing informal influence networks that undermine transparency, meritocracy and equality before the law.
It exists in two forms:
Passive influence peddling involves requesting, receiving or accepting a promise of a financial or other benefit in exchange for exercising improper influence over a decision-maker.
Active influence peddling involves offering or promising such a benefit to a person capable of exerting that influence.
The offence is considered complete once the benefit is requested, received or promised. Authorities do not need to prove that influence was actually exercised or that the desired outcome was ultimately achieved.
Paschalides rejects claims of bias
In his statement, Paschalides said he felt compelled to speak publicly because of what he described as attempts to distort the findings of his report for political purposes and damage his reputation.
He stressed that:
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His role was strictly that of a criminal investigator operating under specific terms of reference, not that of a commission of inquiry examining political or ethical issues.
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He has no objection to publication of the report once ongoing procedures are completed, though he warned that premature publication could affect the presumption of innocence if criminal charges are filed.
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He categorically rejected suggestions that his appointment to the police complaints authority was linked to any arrangement with President Christodoulides, stating that he does not know the president personally and that his appointment followed a recommendation from the Attorney-General as required by law.
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He maintained that he carried out his duties "without fear, passion or prejudice."
Concluding his statement, Paschalides said he was speaking out to protect his dignity and reputation, adding: "If anyone disputes this, let them speak now. Otherwise, let them remain silent."
