Cyprus' Supreme Court suspends Auditor General (UPDATE)

UPDATE: The Supreme Constitutional Court unanimously ruled Wednesday to suspend Auditor General Odysseus Michaelides, citing misconduct and incompetence.

In a decision by the court's eight judges, the Council found that Michaelides "violated the limits" of his office and exhibited behavior "below the circumstances," rendering him unfit for the position. "We find him liable for misconduct," the ruling stated.

The suspension is binding and will be communicated directly to the President of the Republic for immediate implementation.

Following the court’s decision, emotional scenes unfolded as those close to Michaelides reacted with tears.

''I am leaving with my conscience completely clear,'' the Auditor General said upon leaving the courtroom. Adding that, ''They made me out to be worse than Rikkos Erotokritou."

Previous report

According to previous reports, the Supreme Constitutional Court convened Wednesday to deliver its ruling on Attorney General George Savvidis' request to dismiss Auditor General Odysseas Michaelides over allegations of "improper conduct." The high-stakes decision could potentially remove one of Cyprus' top government officials from office.

The court session, which began at 9:30 a.m., drew significant public attention, with large crowds of journalists, supporters of Michaelides, and government officials gathered in the courtroom. The highly anticipated ruling was delivered by Supreme Judicial Council President Antonis Liatsos, focusing on whether Michaelides' actions warranted dismissal.

Allegations of Misconduct

The Attorney General's case against Michaelides revolves around multiple accusations of misconduct, particularly regarding the Auditor General's handling of several public issues. A key allegation involves Michaelides' examination of pension policies, where the court found his approaches "lacked credibility" and suggested he had deliberately provided misleading opinions. The Council criticized his scrutiny of police conduct regarding unpaid fines, calling his actions a "completely wrong approach."

The court also pointed to the Auditor General's unauthorized and controversial use of social media, where he was accused of engaging in irony and public disputes. Particular reference was made to a Facebook support group bearing Michaelides’ name and picture, which, according to the court, contained obscene content. Michaelides denied any direct involvement with the group, but the Council noted that the group’s association with him was inappropriate.

Violation of the Presumption of Innocence

One of the most serious allegations involved Michaelides' handling of complaints forwarded to the Independent Anti-Corruption Authority. The court determined that while forwarding complaints was within his legal remit, his public statements and actions afterward were inappropriate. Michaelides was accused of undermining the presumption of innocence in the case of Assistant Attorney General, by publicly issuing conclusions and making remarks that disregarded due process.

The Council emphasized that Michaelides overstepped his bounds by acting as a judge in the case rather than deferring to the anti-corruption authority’s findings. His actions, they said, showed a lack of restraint and judgment.

Conflict Over Nationality Audits

The decision also addressed the long-standing conflict between the Auditor General’s office and the Attorney General concerning investigations into naturalizations under Cyprus' controversial passport scheme. Michaelides had alleged obstruction of his work in carrying out audits of the program. However, the Council noted that he had access to all relevant files and that his claims of interference were unfounded.

A Landmark Decision

The Council’s ruling spanned 209 pages and outlined the extensive testimony and evidence presented by both sides. The ruling is binding, meaning that if Michaelides is dismissed, the decision will be final and immediate. Legal experts have clarified that while Michaelides could appeal to the European Court of Human Rights (ECHR), such an appeal would not delay his removal from office.

Michaelides' legal team argued that the allegations did not rise to the level of misconduct that would justify his removal, citing the absence of any direct comparison between his case and that of former Assistant Attorney General Rikkos Erotokritos, who was dismissed for misconduct in 2015. The Attorney General's team, however, argued that similar principles applied to Michaelides' case.

Final Outcome Awaited

As of the latest update, both the Attorney General and Auditor General were present in the courtroom awaiting the final verdict. The ruling is expected to have significant political and legal repercussions in Cyprus, with the fate of Michaelides’ career hanging in the balance.

This case marks a pivotal moment in Cyprus' political and legal landscape, as it could bring an end to the long-standing public debate surrounding the Auditor General’s controversial tenure.

Background

The hearing, which began in late June and concluded in mid-July, has been closely watched in Cyprus, given the high-profile nature of the allegations and the potential implications for the country’s oversight of public spending and anti-corruption efforts.

The court’s decision, once delivered, will be binding on the President of the Republic, who will have no discretionary power to override the ruling.

The judgment represents a critical moment for accountability in the Cypriot government, as it tests the boundaries of executive authority and the conduct of high-ranking officials.