Thursday, May 8, 2025

CRIMINALIZATION OF CONCEALMENT OF A PERSON IS UNCONSTITUTIONAL - OBJECTION TO PARLIAMENT BY THE COMMISSIONER FOR ADMINISTRATION

 Filenews 7 May 2025 - by Fanis Makrides



Objections regarding the provision of the proposed law under discussion that aims to prevent protesters from hiding their faces in demonstrations, were expressed by the Commissioner for Administration, Maria Stylianou Lottidi.

Speaking today to the Parliamentary Committee on Legal Affairs about this proposed law, but also about the government bill that aims to regulate the right of assembly, he spoke of unconstitutionality, referring to Article 12 of the Constitution.

She explained that the proposal for a law on the concealment of the face of protesters, in its current form, does not have a correct legal and logical basis. She said that a penalty is provided for a person who is found to have his face covered at a demonstration. "In no case can it constitute a criminal offense, and indeed a criminal offense that is punishable by two years in prison," she commented.

She added that the relevant legislative provision should exclude a person with a face covert and not make a person face a two-year prison sentence only on the basis of a reasonable suspicion that he covered the face to cause trouble.

Her specific position was not refuted during the debate. It should be noted that the Minister of Justice, Marios Hartsiotis, adequately analyzed the bill, stressing that through it the protection of the protesters themselves is achieved. In fact, he said that he is receptive to suggestions and changes.

In favor of the bill and the proposed law, the Police Corps, the Police Corps and "EQUALITY", through their representatives, Kyriakos Charalambous and Nikos Loizidis, respectively. The latter, in fact, submitted a memorandum to the committee, as well as photographs of hooded people to emphasize the need to deter protesters with the intention of provoking incidents through legislation. Mr. Loizidis, speaking specifically about the bill, stressed that "the right of the citizen to demonstrate peacefully does not cease." He said that the legislation provides for the criminalization of three cases: When a person commits acts of violence to alter the peaceful character of an event, he is in the area of an event by hiding his face and after notification of a relevant reasoned decision by the Chief of Police, there is a refusal of a person who does not leave the demonstration.

In statements to the media after the end of the meeting, Mr. Loizides said, among other things: "The police officers are trying to impose order. They simply want these weapons so that they can protect law-abiding citizens from the hooded thugs."