The Anti-Corruption Authority is expected to issue a detailed statement tomorrow morning regarding the findings of its investigation into the “Mafia State” case. The announcement will be released after the persons placed under investigation are first informed, with former President of the Republic Nicos Anastasiades to be notified first.
If the findings of the investigation reveal evidence of possible criminal offences on the part of Mr Anastasiades, it is considered certain that other former officials or close associates, who are said to have implemented or assisted in the execution of his decisions and instructions, will also be brought into the scope of the investigation. As a result, in such a case, the former President will not be the only person examined for potential criminal offences.
Recusals and the investigation
If the Anti-Corruption Authority concludes that there are indications of criminal offences in the “Mafia State” case, the Attorney General and the Deputy Attorney General will have to abstain from any involvement in handling the case. This is because the former President, Nicos Anastasiades, who appointed them to their positions, is among the persons under investigation.
The need to ensure full independence and impartiality in managing the case was highlighted in an interview with Politis by lawyer Ilias Stefanou. As he pointed out, the review and evaluation of the Authority’s findings should also be assigned to legal experts of recognised standing, so that the process does not remain solely in the hands of officials of the Legal Service who are hierarchically subordinate to the Attorney General and Deputy Attorney General.
Specifically, Mr Stefanou stated:
“Any report, whether it includes recommendations for investigating potential criminal offences by any person or is exculpatory, is submitted for judgment to the Attorney General of the Republic. I note that the members of the Anti-Corruption Authority may either accept or reject, in whole or in part, the recommendations of the investigators appointed to assist them in gathering the necessary evidence. They may also request additional investigative actions. Since in the present investigation both the Attorney General and the Deputy Attorney General served as members of the Anastasiades government, they must abstain from any decision.
Given that all members of the Legal Service are subordinate to the heads of the Legal Service, I believe it would be more appropriate for those members who will undertake the task of examining the Authority’s recommendations and the collected material to be supported by legal experts of recognised standing, such as former judges or experienced lawyers, who would provide external assurance of independence and objectivity in the decision on whether or not to proceed with criminal prosecution.”
Criminal investigators
If, on the basis of the Authority’s findings, a criminal investigation is deemed necessary, it should be assigned to independent criminal investigators, in order to ensure the impartiality and credibility of the process, as well as public confidence in the conclusions that will be reached.
