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The Supreme Court has allowed a detainee to challenge an order requiring him to provide a saliva or blood sample so police could obtain genetic material.
The case concerns an order issued by the Larnaca District Court on July 20, following a request from police investigating the alleged illegal possession and supply of controlled medicines.
The detainee is asking the Supreme Court to cancel the order. He argues that the District Court may not have had the legal authority to order him to “consent” to the collection of a sample.
The Supreme Court has now decided that there is enough of a legal question for the challenge to go ahead.
A second issue concerns the decision to allow police to take blood.
The Supreme Court said the police application did not explain why a blood sample was needed. DNA can also be obtained from saliva, which is easier to collect and less painful than taking blood.
According to the court decision, no blood was found on any of the items being examined as part of the investigation. Mixed DNA was found on some of the exhibits.
The court therefore found that the detainee had a reasonable case that requiring a blood sample could conflict with the legal principles of necessity and proportionality. In simple terms, the question is whether police needed to use a more invasive method when a simpler option was available, and whether the order went further than necessary.
The Supreme Court stressed that this does not mean Section 25 of the Police Law has been declared unconstitutional.
In September 2025, the Supreme Constitutional Court ruled that Section 25 does not violate Article 15 of the Constitution. The section was the legal basis used by police in seeking the sample.
The detainee also referred to EU rules governing the protection of personal data when it is collected and processed by authorities investigating criminal offences. Those rules have been incorporated into Cyprus law through Law 44(I)/2019.
The Supreme Court has given permission for the detainee to formally file his application seeking a Certiorari, a legal order that can be used to ask a higher court to cancel a decision made by a lower court.
The application must be served on the Attorney General at least four days before the hearing.
The case will be heard on September 23 at 9am.
What happens next?
The Supreme Court has not yet cancelled the order. The next hearing will allow the court to examine the detainee's arguments and decide whether the Larnaca District Court acted within its powers and whether the blood sample requirement was justified.
