Filenews 5 November 2024 - by Fanis Makrides
An amendment bill tabled in the Parliament on October 31 by MP Demetris Demetriou, chairman of the House Committee on Institutions, aims to strengthen the Independent Authority Against Corruption.
Sources told Filenews that the primary provision of the proposed legislation would convert the Authority into a public law entity, similar to other public law bodies and semi-governmental organisations.
If the amendment passes parliamentary scrutiny and receives approval through a parliamentary vote, the Independent Authority Against Corruption would gain the power to file private criminal cases.
This change could grant the Authority a degree of independence it has lacked since its establishment, addressing criticisms that it was rendered ineffective by having only investigative rather than prosecutorial powers.
Under its current legal status, the Authority cannot conduct criminal investigations or pursue private criminal prosecutions.
The need for reform became apparent following a legal opinion from a private lawyer regarding a case involving a police officer, Michalis Katsounotos.
The Authority had recommended criminal investigation of the officer after he allegedly refused to answer certain questions during an inspection, but the Attorney General disagreed with this recommendation.
When the Authority sought legal advice about filing a private criminal case, it was informed that its current legal status did not permit such action.
Sources suggest the proposed law would enhance the Authority’s overall independence.
Current legislation requires the Authority to undergo lengthy procedures even for minor expenses and staffing matters.
As a public law entity, it would avoid such bureaucratic delays whilst maintaining accountability.
In the explanatory memorandum accompanying the bill, Demetriou writes that the proposed regulations would allow the Authority to issue rules on staff appointments and operational matters, subject to Cabinet approval and parliamentary endorsement.
“The proposed regulations are deemed necessary to safeguard the public interest, as they provide the Independent Authority Against Corruption with the appropriate legislative tools to ensure its smooth operation and reinforce its work”, the memorandum states.
Official data shows the Authority has received 320 complaints since its establishment, with 90 evaluated and approximately 10 under active investigation.
However, many complaints fall outside its jurisdiction, indicating a need for greater public awareness about its remit.
Sources told Filenews that the Authority plans to hold a public event in December, coinciding with International Anti-Corruption Day, to better inform the public about its specific role and responsibilities..
