THE SUPREME Court decision to declare unlawful the disclosure of telecommunications data has dealt a big blow to the police’s ability to investigate serious crime, said police spokesman Michalis Katsounotos yesterday.
“The tools and weapons available to the Cyprus police for the purposes of tackling serious crime have been significantly restricted,” he said.
In a decision on Tuesday, the top court declared unconstitutional the law providing for the disclosure of telecommunications data for the purposes of investigating serious crime.
“The whole issue as outlined in the extensive Supreme Court decision is purely of a legal nature,” said Katsounotos.
“Unfortunately, the decision affects in a large and substantial way the work and mission of the police, particularly in relation to the outcome of major cases that are either in the process of investigation or in court,” he added, noting that court orders were secured for the disclosure of telecommunications data in all those cases.
He clarified that police were acting within the law when securing that data, as provided for by the telecommunications data act, passed by parliament in 2007. The bill was passed as part of Cyprus’ obligation to harmonise with EU directive 2006/24/EC.
“On the instructions of police chief Michalis Papageorgiou, the decision will be studied in depth by the assistant police chief and all under investigation or criminal proceedings will be identified for which a court order was secured for the disclosure of telecommunications data, so that in consultation with the Attorney-general, a decision can be taken on the further handling of them,” he said.
Katsounotos argued that it was in the public interest, particularly regarding “the sound administration of justice” for ways to be found for police to hold on to evidence collected to date on the basis of the existing law, which has now been declared unconstitutional.
This evidence was necessary in court, he said, adding, “we are confident that parliament and the Attorney-general will enter into consultations and do everything possible towards finding legitimate and effective solutions.”
The Supreme Court issued a unanimous ruling regarding the legality of court orders issued for the disclosure of telecommunications data by the district courts of Nicosia, Limassol and Larnaca on the request of police investigating serious crimes.
These orders concerned four people, Soteri Athinis, currently serving a lengthy prison sentence, Anna Athinis, Christos Matsias and Andreas Alexandrou.
The applicants claimed violations of their individual rights to privacy and a family life while arguing the constitution provided for the confidentiality of communications.
Having considered the provisions of the law, directive, constitution and case law, the Supreme Court ruled that the provisions in the law providing access to telecommunications data was not for the purpose of harmonising with the EU directive.
“Such an obligation does not arise or is not required by the Directive,” said the Court.
The Court rejected the application by Soteris Athinis on police illegality, ruling this was an exception since he was banned from using a mobile phone in prison.
However, in the case of Anna Athini, telephone data disclosure was “illegal and should be annulled” while for Christos Matsias and Andreas Alexandrou, court orders for disclosing telephone numbers and calls should also be annulled, ruled the Court.
