An update on the work of the Attorney General of the Republic, the constitutional and legislative framework that determines the operation of surveillance, as well as an explanation of the investigations carried out in relation to the van case, was given by the Attorney General of the Republic, Mr. Giorgos Savvidis, a delegation of the European Parliament's inquiry committee, which is visiting Cyprus to investigate the use of Pegasus software and similar spyware monitoring software (PEGA). The Attorney General of the Republic, who met with the group of MEPs on the morning of Wednesday, November 2, 2022, also reiterated that the Republic of Cyprus fully respects the constitutional right to the privacy of communications, noting that the constitutional legislator set as a condition many and strict safeguards before the approval of the monitoring of private conversations can proceed.
As Mr. Savvidis said, during the meeting with the multi-member group of MEPs, "I analyzed both the work of the Attorney General -because in each country his role is different-, as well as the constitutional and legislative framework that determine the mode of operation of monitoring, i.e. under which strict conditions the violation of the right to private conversation can take place. I also explained to them about the investigations carried out in relation to the van case and answered a number of many and interesting questions put to me by the MEPs. [I placed myself] within the framework of what I could say, based on the legislative framework that binds me but also the legislative framework that defines the powers of the Commission.»
The The Attorney General also noted that he is happy to have received the commission, "because, as I have already said publicly, the Republic of Cyprus absolutely respects the constitutional right to the privacy of communications and this is something that is expressed by the express provisions of the Constitution, the legislation and the many safeguards required by the constitutional legislator, in order to be able to monitor private conversations.»
Asked if the conclusion of the criminal investigator Mr. Ilias Stefanou was given to the members of the delegation, Mr. Savvidis replied that the conclusion of Mr. Ilias Stefanou is part of the criminal investigation of a case, to note that he "never are neither made public, nor announced, nor provided information about it is done in the context of a criminal investigation.»
Recalling that there was a similar discussion on the occasion of the report requested by the Attorney General in relation to the Thanasis case, Mr. Savvidis clarified the difference between a report drawn up as a result of a criminal investigation and a report drawn up by an investigative committee. "There is a difference between what is a criminal investigation and what is a commission of inquiry. Commissions of inquiry are, by law, given information about what the commission of inquiry did. A criminal investigation is something completely different, the legislative framework completely separates it by saying that [the report from a criminal investigation] is completely protected by its owner, which in this case is the Attorney General, as he indicated.
Asked finally whether he sees any criminal liability in the conclusion of Mr. Stefanos, the Attorney General said:
"The case of the van is over. There is no question of new criminal charges at this time. But what I said to the Committee is that, as a country and as Attorney General, I am fully aware of the importance of preserving the right of private communication, if at any time they find after their investigations, that there is any testimony that could reasonably lead to at the start of criminal investigations or even criminal prosecutions, I am at their disposal and we said we would be in touch when we need to talk again, and of course if there is such information we will take the necessary measures.»
The statements of the Attorney General of the Republic were made on the sidelines of the opening meeting for the presentation of the integrated information system for managing cases and files/documents in the Legal Service of the Republic (e-Law), which took place at noon in the auditorium of the Press Office and Information.
Source: KYPE
