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Cyprus’ Court of Appeal has rejected an appeal by Khaled Mortaga against a decision to keep him in custody while he awaits trial on serious terrorism and organised crime charges.
The appeal was unanimously dismissed last week, leaving in place a Larnaca District Court ruling from August 6 ordering Mortaga to remain in custody until October 14. That is the date set for the case involving Mortaga and four other defendants to proceed before the Criminal Court.
The case includes charges of conspiracy to commit a felony in order to support a terrorist organisation, participation in a criminal organisation, possession of materials that can be used to make explosives without a licence, and a terrorism-related offence.
Bail proposal rejected
Mortaga challenged the detention order on five grounds.
His legal team argued that the District Court had treated detention as the normal course rather than something that should only be used when necessary. They also argued that the court had not properly assessed his individual risk of fleeing before trial.
The defence had proposed that he be released under strict conditions, including a €1 million guarantee backed by family property. They argued that such measures would be enough to ensure that he attended court.
The Court of Appeal disagreed, finding that the District Court had followed the correct legal principles. It also said the fact that the lower court had not gone into detail about the proposed guarantee did not mean its decision lacked proper reasoning.
Court says evidence meets the required threshold
The defence also questioned whether there was enough evidence to justify keeping Mortaga in custody.
The Court of Appeal rejected that argument, stressing that a detention hearing is not the same as a trial. At this stage, prosecutors do not have to prove guilt beyond reasonable doubt.
In conspiracy cases, the court said, evidence pointing towards coordinated actions can be enough to meet the required threshold at the detention stage.
The appeal court found that the District Court had carefully examined the evidence relating to Mortaga and had reached the required conclusion based on the material before it.
Length of detention considered
Another argument concerned how long Mortaga could remain in custody, including an earlier period he had already spent detained and the complexity of the case.
The Court of Appeal said the District Court had taken the time already spent in custody into account.
It also found that, at this stage, the expected period of detention did not amount to an excessively long period.
The judges stressed that the length of detention cannot be judged simply by looking at the number of days involved. The circumstances of each case, including factors affecting how quickly the trial can proceed, must also be considered.
With all five grounds of appeal rejected, the original detention order remains in force, meaning Mortaga will stay in custody until the case reaches the Criminal Court on October 14.
