The first days of next week will be accompanied by important developments regarding the conclusion of the investigation carried out on the occasion of what is recorded in the book "Mafia State".
In addition to forwarding the investigators' report, 3,000 pages, to the Attorney General, Giorgos Savvidis, and the Commissioner of Taxation, Sotiris Markides, the Independent Anti-Corruption Authority will also forward to the Legal Service the witness material collected during the two-year investigation.
After the delivery of the conclusion together with the witness material to the Attorney General's Office, the senior officials of the Legal Service (prosecutorial council) will begin the study and evaluation, in order to determine the next steps.
At the same time, it will be clarified whether the Council of Ministers will take the decision to appoint independent criminal investigators, a solution to which it is oriented, as stated in his recent statements by the government spokesman, Konstantinos Letympiotis.
In addition to the above developments, the press conference of the former President of the Republic, Nicos Anastasiades, will take place. The meeting of the former high official of the Republic of Cyprus with the journalists is scheduled for next Tuesday at the journalistic "Estia". Where Mr. Anastasiades is expected to submit his positions on the result of the work of the inspection officers appointed by the Independent Anti-Corruption Authority.
Nicos Anastasiades has essentially announced the content of the press conference. As he had stated in his written statement after the publication of the Authority's announcement about the finding, "the allegations of enrichment, corruption and a host of other slanderous reports of Mr. Makarios Drousiotis, collapsed as unsubstantiated".
In addition, Mr. Anastasiades expressed the position that "most of the accusations attributed by the investigating officials and the Anti-Corruption Authority, not only are not included in the allegations under investigation recorded in Mr. Drousiotis' book, but were also never brought before me during the investigative process, so that I could be given the opportunity to submit the appropriate answers in a documented manner."
It is expected, therefore, that he will develop the above issues that he raises on the basis of his position that he does not accept the offenses attributed by the conclusion.
Double work
However, the only thing that is certain is that the announcement of the findings of the inspection officers was followed by reflection on the next steps. Once again, the issue of how long the case will need to be clarified was raised. The conclusion of the investigation and the voluminous witness material is not a process that is expected to take place within a short period of time.
In addition, if it is decided to follow a criminal investigation, this means that the investigators (either independent or members of the Police) will start from scratch. In other words, there will be a double job. The Independent Anti-Corruption Authority has investigative ability, not investigative powers.
In order for the testimony to have investigative value, it must be re-obtained by investigators. Only then can the case be brought to Court. As soon as the investigators' file is completed, it will then be forwarded again to the Legal Service for evaluation and final decisions on the possibility of drafting an indictment and registering a case with the Court.
This double work that will be done also requires time. Time, which flows against the administration of justice, something that does not suit anyone. Neither the society that demands that the shadows that remain - mainly - at the expense of former officials be cleared, nor for the last ones who found themselves in the eye of the storm.
The Constitution...
There are many who, on the occasion of the foreseen delay, bring back the discussion that had taken place before the Law governing the operation of the Independent Anti-Corruption Authority was passed. The consultation before the legislation establishing the Authority was passed was marked by reports that "there is a constitutional impediment to giving it investigative powers".
Even then, some had suggested that the problem would be overcome with a legislative regulation that would allow the participation of investigators in investigations, in order to overcome objections and avoid duplication of work. However, the position prevailed that there should only be investigative powers due to the Constitution. And yet, legal circles counter that the invocation of the Constitution was just an excuse. They indicate that the Customs Department not only has investigative powers, but can also register a case with the Court. Suffice it to note that in 2024 the Customs Department registered 35 criminal cases.
Impartiality
The other issue that arises has to do with the independence of all those who will be involved in the criminal investigation. The self-exclusion of the Attorney General, Giorgos Savvidis, the Assistant Attorney General, Savvas Angelidis and the prosecutor Elena Kleopa from the evaluation of the conclusion, was a move in the right direction. Savvidis and Angelidis have not only been appointed to their offices by the former President of the Republic, Nicos Anastasiades, but previously participated in his Council of Ministers, holding the portfolios of the Ministries of Justice and Defense, respectively. As for Ms. Cleopa, she was called to testify in the context of the investigation into the "Mafia State".
Nevertheless, there is again a question of impartiality. Two of the audited officials, the former Assistant Attorney General, Rikkos Erotokritou and the former head of the Unit for Combating Cover-up Offenses, Eva Rossidou Papakyriakou, served in the Legal Service and now officials of the latter will be called upon to check the two former officials. In addition, the former senior police officer, Giannis Sotiriadis, is also under investigation. In the event that the criminal investigation is taken over by police investigators, there will again be a question of impartiality.
This obstacle can be overcome, as it was overcome in the case of the prosecution of the former Assistant Attorney General, Rikkos Erotokritou. The latter was convicted in the Providencia case (1/3/2017, 3.5 years in prison). He was found guilty of the role he had played as Assistant Attorney General (he was dismissed from the position on 24/9/2015). At that time, therefore, it was ensured that his criminal investigation and prosecution would be carried out by lawyers independent of the Legal Service. Panagiotis Kallis had been assigned the duties of a criminal investigator, while Ilias Stefanou had the role of a private prosecutor in the case. The latter had evaluated the case and drafted the indictment, while he also represented the prosecuting authority at the trial.
Tax audit
Another parameter of the case, which was also recorded by "F", has to do with the tax audit of officials. The seven who held office of the Republic, based on a recent addition to the Law of the Independent Anti-Corruption Authority, should be audited for tax purposes. Except that this audit can only be done for their financial data up to 12 years. In other words, it will reach to 2014. The majority of cases for which 15 natural and legal persons are liable, concern events before 2014...
All the auditees
>> Nicos Anastasiades (trafficking in influence in three cases, felony abuse of power in one case and misuse of power to the degree of a misdemeanor or attempted commission of a criminal offense in three cases).
>> Stathis Lemis (influence trading in two cases and money laundering).
>> Fanos Filippou (influence trading in two cases and money laundering)
>> Nikos Chr. Anastasiades & Associates (influence trading and money laundering).
>> Rikkos Erotokritou, former Assistant Attorney General (misuse of power to the degree of a misdemeanor, in two cases).
>> Haris Solomonides – Former President of the District Court (Desecration of a public official, Transactions with representatives indicating corruption, Improper acquisition of property in a total of three cases).
>> A. Neocleous & Co LLC (Corporate Liability of a Public Official, Transactions with Agents Indicating Corruption, Active Bribery of Relevant Public Officials and Corporate Liability of a Legal Entity).
>> Panagiotis Neocleous (Conspiracy to overturn the course of justice).
>> Dmitry Rybolovlev (influence trading).
>> Andreas Hadjikyriakos (influence trading).
>> Efthymios Bouloutas (influence trading, money laundering, two cases).
>> Nikos Kougialis – Former Minister of Agriculture (Abuse of power-Misdemeanor).
>> Giorgos Varnavas – Former Member of Parliament (abuse of power – misdemeanor – or attempt to commit a criminal offense).
>> Eva Rossidou Papakyriakou – Former head of MOKAS (abuse of power – misdemeanor – or attempt to commit a criminal offense, neglect of official duty – two cases).
>> Ioannis Sotiriadis – Former senior police officer (abuse of power – misdemeanor).
The hypotheses and dates
>> The decisions of Judge Haris Solomonidis in the context of the Rybolovlev case – Between 2013 and 2014 the events in question.
>> Rybolovleva – Arrested on 24/2/2014.
>> Concession of state land to the Archdiocese – End of 2013 any offenses.
>> Focus Case – Events set in 2008.
>> Commissions from banks – Events between 2011 and 2013.
>> OCCRP publication – It saw the light of day in August 2019 and concerns events between 1997 and 2013 in relation to the law firm "Nikos Chr. Anastasiades and Partners".
>> ICIJ publication dated 3/10/2021 – Discusses events between 2007 and 2013.
>> Dromolaxia Property – Events during the period 2012-2014.
