SURVEILLANCE IS A SUPERWEAPON AGAINST ORGANISED CRIME - THE CONFLICT IN THE MIDDLE EAST SPEEDS UP BILLS - THEY WILL LISTEN TO PHONES, OPEN EM-MAILS, SMS - Filenews 12/3 by Michalis Chatzivasilis
The conflict in the Middle East is accelerating the passage of bills that allow phone tapping only with the approval of the Attorney General, in order to deal with external threats to democracy.
Yesterday, the parliamentary Committee on Legal Affairs discussed the first bill that expands the offenses for which the surveillance of telephone conversations can be allowed by court order, but also the change of the Constitution, so that the Attorney General is given the power for state security purposes only, to give written approval to the Chief of Police and the KYP to monitor phones. The situation in the region we have been going through in recent days was not left out of the discussion yesterday, with the commander of the KYP, Tasos Tzionis, stating that the enactment of these laws will give the state the necessary powers for the State to effectively ensure security as well as human rights. "These laws must be passed so that we have the weapons we need to fight organized crime and terrorism, but also risks from external threats controlled by states, as we have seen recently, and we will succeed," he added.
The Minister of Justice and Public Order, Kostas Fytiris, was particularly explanatory about the government's bills, who described them as an essential institutional response to a burdened situation of criminal activity. According to him, the purpose of the proposed law is to strengthen the institutional and regulatory framework, so that the Republic has the necessary and modern tools to protect its security and sovereignty, as well as to effectively deal with serious and organized crime "always within the limits of the rule of law and with full respect for fundamental rights". Offences for which a court order for phone tapping may be sought include murder and attempted murder, trafficking in adults and minors, offences related to child pornography and sexual exploitation or sexual abuse of children, terrorism, espionage, migrant smuggling and aiding illegal entry, transit and stay in the Republic. A proposal by DISY MP Nikos Georgiou for the addition of the offense of setting up a criminal organization was also accepted, as well as a proposal by the Attorney General for the inclusion of terrorist financing.
Welfare is a "thorn"
Mr. Fytiris noted that the provision for written approval by the Attorney General for the lifting of secrecy given in accordance with the provisions of the law (without the involvement of a judge) is also introduced, since the intervention is a measure that in a democratic society is necessary only in the interest of preventing and dealing with activities that constitute a threat to the security and sovereignty of the Republic. He clarified that for the purposes of investigating the above offenses, the Police will have the right to lift secrecy, which will secure a court warrant for this purpose, while for the purposes of security and sovereignty of the Republic, the KYP will also have the right to lift secrecy, which will secure the written approval of the Attorney General for this purpose. He underlined, however, that the system to be used for this purpose includes safeguards that safeguard against any possibility of illegal surveillance.
Finally, the minister also stated that the possibility of tracing, i.e. keeping data on any monitoring, is given through the providers, without the possibility of any intervention, deletion, alteration or violation of this data. "Our line of defense depends to a large extent on these bills," said Mr. Fytiris, calling on MPs to support these bills, strengthening in practice the security of society and Democracy.
10 years in prison for eavesdropping illegalities
Attorney General Giorgos Savvidis described the surveillance of telephone conversations as a superweapon for the fight against organized crime and terrorism. He noted that the point is to have the ability to monitor in a way that is practical and applicable, adding that it is something that all countries have. He also said that the package of bills and the philosophy of surveillance in general provides satisfactory coverage in ensuring human rights. The bills, he added, provide for a 10-year prison sentence if someone is monitored outside the law and the three-member Committee that has been set up will check that all procedures have been followed. Mr. Savvidis also observed that in order for a Court to be led to a conviction of someone, there must be a judge's decree that allows surveillance.
In his own statement, the Chief of Police, Themistos Arnaoutis, said that the weapon of surveillance is essential to fight the dispute and serious and organized crime, mainly because testimony will be secured to be used before the court.
The Commissioner for Personal Data Protection, Maria Christofidou, underlined that the confidentiality of communications is a fundamental right and that any interference with it should be carried out in full respect of the principles of necessity, proportionality and legality as well as with adequate institutional guarantees.
A representative of CYTA said that the proposed framework can work as long as the provisions are clear and applicable and there is a clear separation of responsibilities. He also asked that the maintenance costs of the machines be covered by the state, a position with which the other providers agreed.
It is noted that yesterday the Council of Ministers approved the other two implementing bills which will be put to an article-by-article discussion urgently tomorrow in an open session of the Committee, so that everything can be brought to the Plenary for a vote.
38 votes are needed
According to the chairman of the Committee, Nikos Tornaritis, Cyprus was slow to pass the legislation on surveillance, noting that 38 votes are needed to revise the Constitution. "I want to hope that everyone will rise to the occasion", and understand the criticality not only of the moment, but of the fact that while all the other member states of the European Union have this right, the Republic of Cyprus must also acquire it through the security forces of the state, he said.
