Monks' appeal to halt Ecclesiastical Court proceedings rejected by Supreme Court

The Supreme Court of Cyprus has dismissed a petition filed by four monks seeking a prohibition order to halt proceedings against them in the Synodical Court of the Church of Cyprus. Abbots Nektarios Georgiou and Porphyrios Ttoullou, along with Hieromonk Avvakoum Christofis and Monk Timotheos Flourentzos, were summoned to face charges related to both canonical and criminal offenses.

The monks requested the Court’s permission to file for a Prohibition Writ, aiming to prevent the trial scheduled for August 30, 2024, at the Archbishopric of Cyprus in Nicosia. They also sought an order against the Metropolitan of Tamasos and Orinis, barring him from taking any further action related to the complaint filed by Archimandrite Barnabas Chrysanthou.

The monks argued that prior decisions by the Metropolitan, which imposed penalties on them, created a precedent and rendered the Synodical Court proceedings void. They also questioned the legality of the charges brought against them and challenged the authority of various bodies involved, including the Investigative Committee and the Synodical Court itself.

The petitioners claimed their right to a fair trial was being violated, particularly because their request to be represented by a lawyer of their choice had been denied. However, the Court ruled that their right to a fair trial had not been infringed and noted that the proceedings of the Synodical Court are beyond the jurisdiction of civil courts, as the Church's autonomy is protected by the Constitution.

The Court concluded that there was no legal basis for issuing the requested Prohibition Writ, stating that ecclesiastical courts are not subject to the control of the Supreme Court via such orders. Consequently, the monks' trial will proceed before the Synodical Court as planned.

[Information sourced from CNA]