The Supreme Court's marginal decision regarding telecommunications data does not seem to provoke fears in the Police about a massive reversal of cases.
A source close to the police and has a good knowledge of the data, spoke to “P” commenting on the verdict of the appellate court, according to which the retention of telecommunications data by providers is contrary to the regulations of the European Convention on Human Rights. The current legislation, as it is known, requires the providers to keep the data of the users for six months, at the same time allowing the Police to have access to them.
“In several serious criminal cases, the basic testimony against defendants has nothing to do with telecommunications data,” he told us.
He explained that in criminal cases brought before a court, their legal basis had to do with testimonies from individuals. “There are cases based on witnesses who testified. In some cases the telecommunications data was helpful. They were not the only or the basic evidence material “, he stated characteristically.
“Of course, for some other cases things are different. “But I do not believe that there will be a reversal of cases to the extent that it is presented,” he said elsewhere in his statements.
The statements made last Friday (29/10) by the president of the Pancyprian Bar Association, Christos Clerides, were identical. Speaking to the Cyprus News Agency, he had given the impression that the decision of the Supreme Court will not be accompanied by major side effects.
Referring to the cases that had been tried, he said that “the matter has been finalized and there is no, I think, possibility of reviewing these decisions, because we do not have in our criminal procedure the provision for retrial of court cases”.
Mr. Clerides had added that the consequences are that “any testimony, either in pending cases that have been registered, or in cases that the Police intends to register, which will conflict with the decision of the Supreme Court, will not be admissible.” .
Leadership instructions
The leadership of the Police has already instructed the police directorates of the provinces in order “as soon as possible” to prepare lists of pending criminal cases (whether they are being investigated or are being tried) and have to do with telecommunication data.
A competent person told us that as soon as the relevant information is received by the leadership of the Police, then there will be a clear picture of the whole issue. “Immediately after, a meeting will be arranged with the Legal Service to consider further actions,” he concluded.
