The House Legal Affairs Committee is seeking to push through a constitutional amendment allowing the lawful monitoring of telephone communications for the purposes of combating organised crime and terrorism, before parliament dissolves for the upcoming elections. The Police and the Central Intelligence Service (known by its Greek acronym KYP) consider it essential to have surveillance capabilities at their disposal.
During Wednesday’s meeting of the Legal Affairs Committee, its chairman, Nikos Tornaritis, announced that an additional session will be held on Friday to complete the bill’s examination so it can be forwarded to the House plenum for a vote as soon as possible. Friday’s meeting will be held behind closed doors.
Matter of necessity
At the same session, Justice Minister Costas Fytiris stressed that urgent matters of public order and security necessitate this legislative amendment. According to Fytiris, the aim of the bill is to ensure the Republic of Cyprus has the required modern tools to protect its security and sovereignty and to effectively tackle serious and organized crime, always within the rule of law and with respect for fundamental rights.
As he explained, the bill expands the grounds for lifting communications confidentiality and incorporates additional categories of serious offences, including attempted murder, trafficking of minors or adults, child pornography offences, sexual exploitation and abuse, terrorism, espionage, illegal migrant smuggling and facilitation of unlawful entry into the Republic, as well as cyber‑related crimes carrying a penalty of five years or more. It also covers money‑laundering offences and possession of narcotics or psychotropic substances with intent to supply. Following a recommendation by the Attorney General, the offence of terrorism financing was added, and after a proposal by DISY MP Nikos Georgiou, the offence of forming a criminal organisation was also included.
Safeguards
The proposed legislation introduces a requirement for written approval by the Attorney General for the lifting of confidentiality, granted only when such an intervention is necessary in a democratic society and strictly in the interest of preventing or addressing activities that pose a threat to the Republic’s security or sovereignty.
The Police will also retain the right to request the lifting of confidentiality by obtaining a court warrant, while KYP will have the same power upon securing written approval from the Attorney General.
The bill includes safeguards intended to prevent abuses, which the Justice Minister said cover all scenarios involving unlawful surveillance.
The Police and KYP reiterated the need for the bill to be approved. Police Chief Themistos Arnaoutis described it as a measure of substantial importance, calling it a key weapon in combating corruption and organised crime and obtaining evidence that can secure convictions in court.
The Director of KYP, Tasos Tzionis, likewise stated that the bill must pass “so that we have the tools to confront terrorism and organised crime. We face external threats from states, as we have recently seen, and that is why we need these tools – and we will succeed.”