A significant legal question surfaced during the criminal trial of Metropolitan Isaias of Tamasos and Orinis and monk Barnabas, who are accused of violating the personal data of monks at the Monastery of Saint Abvakoum. At yesterday’s scheduled hearing before the Nicosia District Court, defence counsel Elias Stefanou asked for an adjournment to examine whether the elements of the offence are affected by the fact that his clients acted under ecclesiastical law, as they claim was permitted by the Charter of the Church of Cyprus, rather than under state law.
The complaint over personal data breaches was filed by monks Nektarios and Porphyrios after the church scandal at the Abvakoum monastery erupted. A surveillance system with security cameras recording both audio and video had been installed in various areas of the monastery. Material captured by these cameras formed a substantial part of the evidence used in the adjudication and conviction of monks from the monastery. On the basis of the same evidence, Metropolitan Isaias and monk Barnabas are charged with personal data violations, having acted within the same context. The defence therefore requested time to assess whether a conflict between ecclesiastical and state law arises. Their line is expected to argue that both defendants acted within ecclesiastical law, something which, they note, the Ecclesiastical Court did not deem unlawful.
New evidence and adjournment
As a second ground for postponement, Mr Stefanou cited the recent disclosure of new evidentiary material consisting of two box files. The Prosecution did not object, and the court set the case for 22 January.
This strand of the monastery scandal began when Barnabas informed Metropolitan Isaias about what was transpiring at Abvakoum. It was then decided to install a closed-circuit surveillance system, with access granted to the then abbot Nektarios, to Porphyrios and to Barnabas. The latter, according to complaints by the first two, obtained audiovisual footage from the cameras and delivered it to the Metropolitan of Tamasos and Orinis.
Data protection findings
Regarding the installation of cameras at the Monastery of Saint Abvakoum, the former Commissioner for Personal Data Protection found criminal offences. In her announcement she stated that the audit identified acts and/or omissions amounting to breaches of the General Data Protection Regulation and, by extension, criminal offences.