By Elizabeth Georgiou
The Council of Ministers has given the green light to an amending bill concerning the possibility of monitoring and recording telephone conversations, which is now heading to the House of Representatives. This capability is presented as a powerful tool in the arsenal of law enforcement authorities, which is applied in many countries with positive results. For Cyprus, its promotion was, according to the President of the Republic, a recommendation of the Federal Bureau of Investigation (FBI) team, which had been invited to assist Cypriot authorities in tackling crime.
President of the Republic: “Based on the FBI’s recommendations”
In his introductory remarks to the Council of Ministers, the President of the Republic did not refer to a specific article of the Constitution, but spoke of “a decisive amendment to the Constitution, based also on the recommendations of the FBI team.” He added that it is “an important amendment to the Constitution of the Republic of Cyprus that will strengthen the efforts of law enforcement authorities in addressing crime.”
Minister of Justice: “There are safeguards”
The Minister of Justice and Public Order, Kostas Fytiris, in statements to ANT1’s midday program after the conclusion of the Council of Ministers, described the bill as “very important” and expressed the view that, after consultations with the Legal Affairs Committee, it will be passed.
As he said, although he was not in the Ministry at the time, the FBI indicated that “you must have the ability to monitor specific individuals who organize illegal activities.” However, it was determined that in order for this to happen, an amendment to the Constitution is required, otherwise it would be unconstitutional. At the same time, he stressed that “there are safeguards”:
- An order must be issued by the Attorney General
- With this order, a request will be submitted to the providers, who possess the necessary equipment
- Implementation is expected to take place within the shortest possible timeframe, although this depends on the providers
The existing constitutional framework – Article 17
Although the President did not refer to a specific article, the bill is linked to the current Article 17 of the Constitution, which guarantees the right to respect and protection of the confidentiality of correspondence and all other communication.
The article provides that no interference is permitted in the exercise of this right, unless it is allowed by law and:
- In the case of persons serving a prison sentence or held in pre-trial detention.
- Following a court order, after an application by the Attorney General, when the measure is necessary in a democratic society for reasons of the security of the Republic or for the prevention, investigation, or prosecution of specific serious criminal offenses (such as murder, human trafficking, drug offenses, currency-related offenses, and serious corruption offenses).
- Following a court order for the investigation or prosecution of a serious criminal offense punishable by imprisonment of five years or more, when it concerns access to traffic and location data and related subscriber or user identification information.
A significant change is that telephone conversations will now be able to constitute testimonial evidence before a court. As a police source explains, until today in practice the content of such conversations could not be presented as evidence.
According to the Minister of Justice, this concerns “weapons necessary to fight crime, as required by modern technology and society.”
