The file concerning the Sandy case is being examined by the Legal Service to determine the next steps, including whether criminal proceedings should be initiated, Attorney-General Giorgos Savvides told Parliament on Wednesday.
Appearing before the House Legal Affairs Committee alongside Deputy Attorney-General Savvas Angelides, Savvides also defended their decision to recuse themselves from matters arising from the Independent Authority Against Corruption’s findings in the “Mafia State” case.
Recusal from the ‘Mafia State’ case
“We recused ourselves for reasons of objective impartiality,” Savvides said, adding that the Legal Service would have faced severe criticism had its leadership acted differently.
AKEL MP Andreas Pasiourtidis argued that the Attorney-General and Deputy Attorney-General should resign to facilitate the investigation and safeguard impartiality. He said the Legal Service could not withdraw from the process while limiting itself to an administrative role.
“The situation creates deadlocks that cannot be resolved,” Pasiourtidis said.
Savvides replied that the position of Attorney-General was “a very lonely role” and that decisions were not taken to satisfy public opinion or secure public approval.
“When we make our decisions, we completely isolate ourselves from the influence of public opinion, regardless of the positive or negative reactions,” he said.
Asked about the investigation arising from the Anti-Corruption Authority’s findings, Savvides said the process was progressing and that a significant part was expected to be completed within the coming days.
Once the investigative work and evidence have been assessed, the Legal Service will act solely on the basis of the evidence and the law, he said.
Any decision to appoint an independent public prosecutor would depend on the circumstances and evidence of the case.
Sandy case file being examined
ELAM MP Sotiris Ioannou said the Attorney-General informed the committee that the Sandy case file was currently in his office.
According to Ioannou, Savvides indicated that announcements regarding the case and the course of the investigation were expected in the coming days.
The Legal Service is examining the available material to determine the next procedural steps and whether there are grounds for criminal prosecutions.
Calls for the leadership to resign
Speaking after the meeting, Pasiourtidis repeated AKEL’s position that Savvides and Angelides should resign.
He argued that, beyond the existing conflict of interest, their recusal could create further problems as the investigation progresses.
Pasiourtidis described the Legal Service as institutionally weakened because its two senior officials had withdrawn from matters connected to the case and could not exercise their duties in relation to it.
He also accused the Attorney-General of dismissing those who criticise the Legal Service.
“No one will silence those who expose wrongdoing,” Pasiourtidis said. “If criticism troubles the Attorney-General, he should consider whether he can continue serving in the position to which he was appointed.”
The House is also considering a resolution concerning public confidence in institutions and calls for the resignation of the Attorney-General and Deputy Attorney-General.
Pasiourtidis said AKEL had prepared its own draft but had not decided whether to submit it. The party could instead seek amendments to a resolution proposed by Direct Democracy to incorporate AKEL’s positions into a joint text.
ELAM MP Linos Chatzigeorgiou said the separation of the prosecutorial and state legal advisory functions was necessary to remove any perception of a conflict of interest.
He also argued that an independent public prosecutor should be appointed in the event of criminal proceedings arising from the “Mafia State” investigation.
Separation of the Attorney-General’s powers
Savvides said the proposed separation of the Attorney-General’s roles as the state’s legal adviser and public prosecutor was not a matter of personal preference.
He acknowledged that a separation could offer advantages if Cyprus’s constitutional structure were being designed today. However, he also argued that the current system allowed the criminal division to work closely with other sections of the Legal Service and maintain a common legal approach.
Savvides said he had signed the explanatory memorandum accompanying the relevant bill but had expressly recorded reservations about its constitutionality. Those reservations were supported by detailed legal opinions, he added.
Had he refused to sign, he said, he could have been accused of obstructing the submission of the bill and creating an institutional deadlock.
Surveillance and online offences among priorities
Savvides identified legislation governing surveillance as one of the Legal Service’s principal priorities, describing it as an important tool in tackling corruption and organised crime.
He stressed that any use of surveillance must remain within the constitutional and legislative framework.
The Legal Service is also examining possible legislation concerning insults, abusive conduct and the organised dissemination of false information through social media.
Savvides said Parliament had considered the issue on several occasions, but difficulties remained in establishing the required elements of potential offences.
Consultations with the Ministry of Justice are continuing, and the Legal Service intends to submit proposals and assist with the preparation of legislation as soon as possible.
The aim, he said, was to address online abuse and organised disinformation while respecting fundamental rights.
Release of the individual known as ‘Hamburger’
Savvides was also questioned about the decision to release the individual known as “Hamburger”.
He referred MPs to a statement previously issued by the Legal Service, which he said addressed the questions surrounding the decision.
While acknowledging the need for greater public information, Savvides said full disclosure was not always possible because of the need to protect criminal proceedings and other legitimate legal interests.
He added that the Legal Service was examining ways to improve its public communication and transparency.
Court delays and institutional reforms
Committee members also raised concerns about delays in court proceedings, the modernisation of the judicial system and the possible audiovisual recording of court hearings.
Savvides said the Attorney-General’s role was not to determine government policy but to conduct the legal and legislative scrutiny of proposed laws.
He nevertheless said that significant improvements had been recorded in the time required to complete cases, particularly before the administrative courts.
Angelides also addressed the implementation of a ruling by the European Court of Human Rights. He said the relevant protocols had been revised and training programmes for officials were being implemented.
Legal Affairs Committee Chair Fotini Tsiridou said there was close cooperation between the committee and the Legal Service. Although the service was not subject to parliamentary oversight, she said its leadership attended committee meetings whenever requested.
Source: CNA
