According to today's police announcement, in connection with the citizens' protest that took place yesterday afternoon in Nicosia and the incidents that followed, the Chief of Police, Stelios Papatheodorou, during the day, will send a letter to the President of the Independent Investigation and Investigation Authority. of the Police (AADIPA) in order to be carried out by the Authority, an investigation into whether excessive or disproportionate violence was exercised against any person by members of the Police. The investigation by AADIPA will ensure the objective and impartial examination of the matter, it is noted in the police announcement.
However, the question that arises from this development is whether the Chief of Police is entitled to submit a relevant complaint to AADIPA, since the House is accused of excessive violence against citizens – photos are circulating on social media showing citizens on the ground immobilized by police in a manner reminiscent of police-held states. Unless the Chief utilizes the second part of the 3rd category of AADIPA's mission (see below), which concerns acts that tend to “discredit its prestige”… The Authority's mission clearly states that: “The investigation of an allegation or complaint begins in accordance with the Law, either after a written complaint on behalf of the complainant or after a written assignment from the Minister of Justice and Public Order or the Attorney General or when it comes to the knowledge of the Authority in any way “…
According to the website of AADIPA, the mission of the Authority is:
The Authority in accordance with the provisions of Law 9 (1) of 2006 has the power to investigate allegations and complaints that fall into three general categories:
- Acts of corruption, bribery, illicit enrichment or entanglement
- Human rights violations
- Acts that constitute favorable treatment or conduct in the performance of their duties and tend to shake the public's trust in the Police or discredit its prestige.
The Members of the Authority are authorized by law to act as criminal investigators with all the powers and obligations provided to criminal investigators by the Law on Criminal Procedure.
The investigation of a claim or complaint begins in accordance with the Law, either after a written complaint on the part of the complainant or after a written assignment from the Minister of Justice and Public Order or the Attorney General or when it comes to the knowledge of the Authority in any way.
Upon submission of a complaint, the Authority entrusts its Member or Members with its investigation. If after the end of the investigation, in the opinion of the Authority, a criminal or disciplinary offense arises from a Member of the Police, the case is referred in the first case to the Attorney General to decide whether or not to prosecute and in the second case to the Chief of Police for disciplinary prosecution. In the case of the Attorney General he has the last word to accuse or not a charge regardless of the Authority's finding (the Advocate General's powers are not affected in any way by the establishment of the Authority and the Authority has an obligation to inform the Attorney General of her actions and take instructions from him). However, in the case of the Chief of Police, there is an obligation by law for the Police to proceed with disciplinary proceedings on the basis of only the evidence collected by the Authority, without conducting any other disciplinary investigation that may be provided by the Police Law or disciplinary regulations for the Police.
See here the text as it is posted on the website of this Authority:
http://www.iaiacap.gov.cy/iaiacap/iaiacap.nsf/DMLmission_gr/DMLmission_gr?opendocument
Does not have the right. Typically, however, the Authority may consider the Chief's letter as a “source of information” and investigate the matter ex officio.
– ARTEMIS ARTEMIOU – ARTEMIS ARTEMIOU (@ARTEMIOUAPLAW) February 14, 2021
Letter from the Chief of Police to the Complaints Authority against the Police on whether excessive violence was used during yesterday's demonstration of citizens
Averoff: We condemn the excessive violence exercised by the Police and ask for explanations
Episodes in a march entitled “As Dame” in the center of Nicosia – Protesters talk about police violence (photo)
