CRIMINALS beware. A bill has been prepared allowing the testimony of undercover police officers to be admissible in court.
Until now, many cases were thrown out by the courts, which claimed the suspect’s human rights were being violated.
That’s about to change, however, after a bill prepared by the Justice Ministry was approved by the Council of Ministers this week, and is expected to go before Parliament in September.
Under the new bill, even if an undercover agent’s cover is blown, his or her testimony will now be permissible.
In order to go undercover, written permission must be given from the very top, which is hoped will eradicate the practice of officers going undercover illegally.
Special training will also be given before a specific operation, whereby the officer in question will be taught how to avoid being detected by learning specific tricks used by criminals.
Justice Minister Sophocles Sophocleous said the aim was to gain the trust of criminals, making it easier to gather evidence against them for a successful prosecution.
According to the Minister, undercover operations will mainly focus on protecting national security and preventing terrorism, drug trafficking and fraud.
Commenting on the draft bill, Law Commissioner Eva Koursoumba described it as a, “commendable effort”.
Koursoumba, who is also the President of ETHNOPAD, the National Institution for the Protection of Human Rights, added that the practice needed to be regulated as much as possible.
“These practices are well-known and the public must be protected,” she said. “The legislation will also protect the officers involved as in many cases, they will be engaging in illegal acts.”
According to Koursoumba, written approval in most cases will have to be given by the Attorney-general or Chief of Police.
“Currently, if evidence is illegally obtained, it is usually thrown out of court as even suspected criminals have human rights. However, each case is handled on its own merit and there are special provisions whereby an undercover agent can testify. As it stands, the law itself, does not violate human rights, it’s the way it’s often implemented.”
The purpose of the new bill is to protect national security, public order and health, she said.
