Filenews 1 January 2021 - by Michalis Hadjivasilis
The Anti-Corruption Authority, the whistleblower protection bill and the lobbying bill are the three powerful weapons to strike at corruption in our country. This is what the Minister of Justice and Public Order, Stefi Drakou, believes, who believes that the Authority will not solve all the problems of corruption, but believes that this will encourage citizens to report possible acts of corruption and discourage public decision-making without transparency.
In an interview with "F", she stresses that anyone who does not cooperate with the Authority or gives false or misleading information will face justice, while Cyprus followed the model of Norway, Spain and Croatia in the matter.
Ms. Drakou admits that the pandemic has also brought new forms of crime committed over the Internet, such as illegal access to and interference with computer systems (hacking), child pornography and internet fraud offences. Elsewhere in her interview, the minister refers to the gaps observed in the supervision of sexual offenders, the rapid increase in cases of domestic abuse, and when the interceptions of telephone conversations will begin.
- You have made the fight against corruption one of your priorities. Do you think that by passing the anti-corruption authority bill, all problems will be solved? What other measures will you take in the field of combating corruption, provided that our country is low in the indices of foreign organizations?
In order to tackle corruption effectively, it is necessary primarily to create the right legal framework, starting with the establishment of an Independent Authority that will operate on the standards of international practices. The Independent Anti-Corruption Authority is a major institutional intersection and its adoption will take the first important step towards transparency and accountability in the public space. We have given the powers that the Authority needs to be effective. Many of the actions for prevention and education are funded by European funds, with the aim of raising awareness among society. It has its own budget, it determines its own needs. It has the power to select and appoint its own officers to examine and evaluate issues.
The Commissioner for Transparency and the members are appointed for a six-year term by the Council of Ministers, after informing parliament, without the right to renew the term of office in order to avoid the risk of possible dependence on the executive power, while their dismissal follows the same procedure as for the dismissal of judges of the Supreme Court.
The Authority shall have powers to investigate on its own initiative or on complaint possible acts of corruption. It can assess and identify gaps in legislation and check whether the public, wider public and private sectors act appropriately and effectively following the right procedures, so as not to create gaps that are potential sources of corruption.
It submits suggestions, coordinates the implementation of measures and where it is not heard, informs the minister and if its request is not met, it activates mechanisms of political pressure. In order to carry out its tasks, the Authority shall have the power to access information and data and documents of the public/wider public sector. Where the requirements of the Authority are not complied with or false/inaccurate information is given, then this constitutes a criminal offence and carries prison sentences. If it finds that there is a possibility of committing a disciplinary offence, it shall refer it for disciplinary investigation. If a possible criminal offence is committed, it shall refer it to the Attorney General for criminal investigation. To this end, a special Anti-Corruption Unit is created in the Legal Service under the supervision of the Attorney General and the Assistant General Staff with the participation of representatives of the Police, MOKAS and the Legal Service, to coordinate a team of experienced investigators who will deal with corruption offences as a matter of priority. The team will be assisted by specialized forensic laboratories of the Police and specialized, depending on the nature of the offence, investigators.
The main objective of the Authority is prevention and education. Its operation will contribute to the understanding of the phenomenon of corruption and to the creation of the appropriate culture in society, as well as to the development of methods and practices for the effective confrontation of the phenomenon. To this end, funds totalling €780,000 have been approved by the Recovery and Resilience Fund. Let us not forget that the legal framework is complemented by two additional bills that help the work of the Authority. One provides the necessary protection to persons who give information to the Authority about corruption offences, while the other ensures transparency in the public decision-making process. Specifically, the officials of the public and wider public sector, through written reports to the Authority, inform it about the subject of their meetings with private individuals who wish to be involved in such procedures (lobbies).
The bills are based on standards in European countries where similar types of authorities focus on prevention, education and recommendation submissions, such as in France and Slovenia. Where investigative powers are given, these are included under the Public Prosecutor's Office or the Police. For example, in Norway, Spain, Croatia, etc.
The three bills were discussed in the Committees of Lawyers and Institutions of the House and I welcome the atmosphere of consensus and cooperation that prevailed. They are linked to the Recovery and Resilience Fund, from which a budget of €4.76 million was approved for the establishment and operation of the Authority, with a time horizon of March 2022.
I am not defending the position that the Authority will solve all the problems of corruption. I believe, however, that the three bills create a strong legislative framework that is a necessary condition for moving on to the next steps. The parallel passage of all three bills is necessary for the proper functioning of the Authority, the encouragement of citizens to report possible acts of corruption and the discouragement of public decision-making without transparency.
- The pandemic has also brought new forms of crime, such as cybercrime. Are the Police ready today to respond to the new era?
The Cyprus Police, through the continuous training of its members and the modernization of the way it operates, has been prepared to a large extent to face such offences. It is an indisputable fact that due to the pandemic, we were faced with unprecedented data. The Police had the additional responsibility of monitoring the implementation of the measures imposed, but continued unhindered and in the realization of its main purpose, which is the fight against crime.
During the pandemic there has indeed been an increase in offences committed online. Such offences are illegal access to and interference with computer systems (Hacking), child pornography and offences of internet fraud. That is why various Sub-Divisions have been created with the aim of specializing members of the body in the fight against these new forms of crime. For example, the Electronic Crime Subdivision, the Subdivision for the Management of Cases of Vulnerable Persons and the Subdivision for the Prosecution of Financial Crime operate. Our goal is to adapt and modernize the capabilities of the Police.
- Sexual offenders after their release are placed under supervision, however there is no adequate mechanism for monitoring them. What steps will you take in this area to fill any gaps that exist?
First of all, I would like to mention that offences in relation to sexual delinquency against minors carry very severe penalties. In 2015, the Authority for the Supervision of Convicted Persons for Offences of a Sexual Nature against Minors began its operation, which is responsible for supervising sexual offenders after their release. The Supervisory Authority examines each case individually, assesses the degree of risk of each supervised person and prepares surveillance, control and social reintegration programmes, in order to prevent risks of recidivism for committing similar offences in the future. It should be noted that the court may impose restrictive measures and sanctions when imposing the sentence, which is not the responsibility of the Authority.
Based on the experience accumulated in the first years of the Supervisory Authority's operation and the weaknesses identified in 2019, an amending bill was prepared and tabled in cooperation with the Ministry of Labour in the House of Representatives, with the aim of further strengthening the framework for the supervision of sexual offenders against minors. Among other things, there are provisions for the introduction of the institution of supervisors, and for the strengthening of the court's powers to impose additional restrictions and sanctions. At the same time, the measures that can be imposed through the supervisory programme by the Authority on those offenders who are released from prison are strengthened. An important provision of the amending bill is that it allows the court ex officio to impose restrictive measures/sanctions after the imposition of the sentence. The amending bill was discussed by article in the Committee of Lawyers and based on the remarks and suggestions made it received additional changes and was led again to the Legal Service for further legislative technical control. We expect that the audit will be completed as soon as possible and the revised amending bill will be forwarded again to the Committee on Legal Affairs for discussion and finalisation before it is submitted to plenary for a vote.
- The Parliament more than a year ago passed the law that allows the authorities to intercept telephone conversations. However, until now the law has not been implemented even though the Police were pushing for its approval in order to combat organised crime.
The implementation and implementation of the provisions of this legislation is in progress. As early as the legislation was passed, the procedures for acquiring the necessary equipment began. With the completion of the works and the acquisition of the equipment, the legislation will also be implemented.
The aim is to change road behaviour
- From 25 October the pilot implementation of the photo-labelling system began. But there have been some problems that may even postpone this start of complaints. Where is the issue when a lot has been invested in the system to save lives on the streets?
Indeed, as of October 25, 2021, the new photo-labelling system was put into pilot operation with the installation of four mobile and fixed cameras.
The system will be implemented in phases, with a total duration of two years. In total, it is planned to install devices at 90 fixed points corresponding to a number of black spots, while another 20 or so mobile devices will be placed on sections of the road network. The agreement has been signed between the Police and the Contractor for the processing of personal data, since the competent commissioner has given the green light. There was a delay in sending the warnings due to the approval expected from the Commissioner's Office.
From 1/1/2022, the first phase of the system officially begins, where complaints about traffic offences will be carried out. I would like to reiterate that the operation of the new system focuses on changing road behaviour and observing the Highway Code. Our primary concern is the prevention of serious road traffic collisions.
30% increase in cases of domestic violence
- Crimes against children and women have also increased due to the pandemic. What actions is your ministry taking to prevent such crimes?
That's a fact. In the last two years there has been a steady increase in complaints concerning offences of violence in the family, based on the statistics of the competent subdivision of the Police. For information, for the first 10 months of 2021 there is a 30% increase in the number of complaints, compared to 2020. 85% of complaints concern women and children.
We are not claiming that the increase is solely due to the pandemic. As of September 2020, District Violence Units in the Family have been operating, a new institution that did not exist before, and therefore the collection and management of these incidents may have made it easier for victims to make a complaint. However, we do not only focus on the management of incidents, but we also aim at their prevention. The Police constantly makes new announcements and public awareness campaigns through the media and social networks. Films and information material are being prepared and distributed in various police campaigns in cooperation with other agencies and organizations.
However, we must also focus on the training of the next generations through our Education. For this purpose, the Police conduct a series of lectures in schools to inform the children themselves about offences against them. An important milestone in the management and prevention of these incidents was the approval of the National Strategy for a better internet for children in Cyprus 2018-2023, by the Council of Ministers in 2017. This National Strategy, together with the National Cybersecurity Strategy and the National Strategy and Action Plan for the Fight against the Sexual Abuse and Exploitation of Children and Child Pornography 2021-2023, define the framework and the prevention actions by each stakeholder and their implementation is monitored.
As far as offences against women are concerned, a four-digit hotline (1497) was set up exclusively for issues of trafficking in persons, with anonymous reports from victims or citizens. Also, a relevant field is being prepared on the Police website for anonymous reports.
Finally, we support important initiatives of recognized organizations, such as the "House of Women" managed by SPAVO. In our recent meeting with all stakeholders, important decisions were taken which will lead to the creation of a Protocol of Operation of the "Women's House" in order to determine, together with the Police, the exact procedures for the execution of operations and the clear mechanism of cooperation between the House, the Police and other bodies.
Reflection on a "wristband" to indicted
- The issue of prison overcrowding has deteriorated and despite the cries of anguish of the Directorate not to imprison illegal foreigners, this continues. What steps will your ministry take to alleviate the problem?
Overcrowding in prisons is admittedly a timeless and serious problem, which has recently been exacerbated by the migration problem. This problem creates difficulties in carrying out the remarkable penitentiary work of prisons, which has made prisons a model for reforming, educating and supporting prisoners in order for them to be smoothly reintegrated into society after their release.
To address the problem, the strengthening of existing institutions for the continued serving of sentences outside prisons was promoted in 2020, as well as the expansion of the possibilities of integration into the Open Prison and the strengthening of the Center for the Educational Vocational Integration of Prisoners. An Ad–Hoc Committee was also created to appointed the Council of Ministers, chaired by the Director of Prisons. The committee is expected to complete the study so that we can have its recommendations. In view of the worsening of the immigration situation, the President of the Commission recently sent me an interim report containing specific recommendations concerning in particular the management of foreign prisoners. These suggestions, due to their complexity, are handled in cooperation with the Attorney General.
- How do you see the suggestion to expand the system of electronic monitoring of indices?
The Ministry of Justice and Public Order has from the outset argued in favour of the implementation of the measure of electronic surveillance of subjudices, which is included in a law proposal of the Committee of Lawyers of the Parliament. This measure, together with the measure already applied to electronic surveillance of convicts of milder forms of crime, modernises our criminal procedure, making it compatible with recommendations of international and European organisations as well as with the existing practice of many European states. At the same time, it makes our prison policy more effective as it helps to address the serious and real problem of prison overcrowding. We were particularly concerned about whether any exceptions should be made when applying the measure, similar to those currently in force for electronic supervision of sentenced persons, such as sexual offences against minors, offences of violence against women, serious drug trafficking or murder. We have already responded positively to the proposal of the Chairman of the Committee on Legal Affairs for the submission of a relevant regulatory bill. After it has been submitted before Parliament in order to be properly consulted by all stakeholders, all opinions will be taken into account in order for the House to come up with the most appropriate regulation.
