Filenews 17 June 2022 - by Michalis Hadjivasilis
Out-of-court cases concerning the violation of the measures against the pandemic with a total value of more than €10 million, have not been paid to date and it is expected that the accused will be in Court.
According to a special report of the Audit Office that was published yesterday, from 24.3.2020 until 31.10.2021, 42,208 out-of-court documents were issued for the total amount of €13,657,851 related to violations on the basis of the Infectious Diseases Law, of which 16,251 were paid, for a total value of €5,161,698, while 25,957 out-of-court, of a total value of €8,496,154, are still pending. According to the Report of the Audit Office, 39% of the extrajudicial cases have been paid, while 61% are still pending. However, according to the latest data of the Police secured by "F", until 31/5/2022 the total extrajudicial for violation of the decrees on infectious diseases, amounted to 44,344 of which only 17,466 or 39.4% were paid.
Also, according to the Report, 1,285 out-of-court cases, of a total amount of €458,971, are presented to the system as cancelled. An audit carried out in 23 cases, in order to find that all extrajudicial cases were annulled with the approval of either the Attorney General or the Director of the Traffic Police, identified a case in which the decision of the Attorney General concerned the approval of the non-imposition of an additional charge, while the said extrajudicial, by mistake, was annulled.
The Report of the Audit Office records the positive finding that based on the individual findings and taking into account the particular circumstances under which the Police carried out audits and made decisions to deal with the pandemic, depending on its evolution, the Police has taken, to a very satisfactory extent, the necessary actions to ensure compliance with the measures. As noted, the positive effect of police checks on the response to the pandemic is also evident from the fact that, in the Limassol district, where the fewest checks were carried out, the most cases were recorded, while in the District of Pafos, where the largest number of checks and complaints were carried out, by the proportion of the population, the fewest cases were recorded.
The Audit firm also concludes that the more checks were carried out, the lower the number of cases. Comparing the absolute numbers of audits carried out and complaints that emerged from each district, we found that in Nicosia and Limassol districts most of the checks/complaints were carried out and in the Famagusta district the fewest checks/complaints, with the Limassol district being presented as the district with the most complaints, in relation to the number of audits carried out. However, taking into account the population of each district, the results are overturned, presenting the Famagusta district as the province where the most checks/complaints were carried out, throughout the period under control, in relation to its population, with the Pafos district following and the Limassol district being presented as the province with the fewest checks. From the analysis of the rate of recording cases per district, the districts of Limassol and Famagusta have the highest rate, with Famagusta however showing high rates during the summer months. The Pafos district has the lowest rate of case registration. As it turns out, the effectiveness of police checks is reflected in the decrease in cases. Specifically, the District of Pafos, where the intensity of the controls was the highest, throughout the period we examined, has recorded the lowest percentage of cases, while the Limassol district, where the fewest checks were carried out, in relation to its population, has recorded the highest percentage of cases.
Stricter measures, tighter controls
In the report of the Audit Office on the adequacy of police audits during the pandemic, a number of weaknesses are found, which are mentioned below:
a. From the beginning of the pandemic, in March, until November 2020, the instructions issued by the Headquarters to the Police Directorates/ Departments were generalized.
b. The Police carried out increased checks and complaints during the periods when stricter measures had been imposed by the Government to prevent the spread of the coronavirus, such as a curfew, a ban on gatherings, mandatory teleworking, distance learning and suspension of operations in businesses, but during the periods of relaxations and the restart of the activity of businesses, the controls were drastically reduced, with a significant decrease in the summer of 2021, when the highest number of cases was recorded.
c. The procedure for investigating complaints is time-consuming and complex, resulting in valuable time being spent on the part of both the members of the Police and the officers of the Legal Service who handle these complaints.
d. The non-payment of the extrajudicial cases imposed results in many cases being taken to the Courts and followed by the issuance of fines. The problems, in relation to their execution, which also concern the effective performance of justice, are recorded over time in reports of our Service and should be addressed by the state.
The Audit Office makes the recommendation that in future cases of similar pandemics or other urgent needs, the Police should be on constant alert to carry out the necessary checks. The recommendations of the Service, it is emphasized, aim at simplifying the procedures for examining complaints, but also the timeless remarks on the effectiveness of the performance of justice, due to the accumulation of fines over time, should be evaluated and appropriate measures taken.
