The decision of the heads of the Attorney General's Office to exclude themselves from the "Mafia State" case is considered a move in the right direction, but at the same time it raises new, critical questions as to who will have the authority to assess whether a criminal case is established and whether it will be brought before the Court.
Speaking to Filenews, lawyer Achilleas Dimitriadis suggests the appointment of an independent prosecutor who will take over the management of the case, while at the same time bringing back to the fore the debate on the separation of powers of the Attorney General.
"To appoint investigators who are truly independent"
Initially, he said that yesterday's developments were particularly important, as the Attorney General and the Assistant Attorney General, together with the Head of Criminal Cases of the Legal Service, excluded themselves from the case. At the same time, the Presidential Office expressed its intention to appoint independent criminal investigators.
"These are two positive and correct decisions. Now we are waiting to see who the Council of Ministers will appoint, to see if they are really independent," he said.
He added that the Presidential Palace could use some of the Inspection Officers who prepared the report. "They have the knowledge and know-how to help," he noted, stressing that they could join the investigative team.
"The entire Legal Service must be excluded"
Mr. Dimitriadis then underlined that the appointment of independent criminal investigators is the first step, however there is still a particularly important stage left.
As he explained, the investigative process will produce witness material. "Someone will have to look into it and then decide whether a criminal charge is established, so that the case can be brought to justice," he said.
Continuing, he noted that the Attorney General ceded the relevant power to the Prosecutorial Council. "In my view, this is wrong. The subordinates of the Attorney General and the Assistant Attorney General cannot deal with the case, when their superiors have already been exempted," he said.
He underlined that the entire Legal Service should be excluded from the "Mafia State" case.
The appointment of an Independent Prosecutor and the precedent with Rikkos Erotokritou
Subsequently, Mr. Dimitriadis proposed the appointment of independent prosecutors, who will take over the management of the case. He recalled the case of the former Assistant Attorney General Rikkos Erotokritou, in which the then Attorney General had appointed Ilias Stefanou as an independent private prosecutor.
"In order to satisfy the sense of justice and given the exception of Giorgos Savvidis, Savvas Angelidis and Elena Kleopa, the entire Legal Service should be excluded due to the relationship between head and subordinate and an independent public prosecutor should take over the case, who will lead the investigative process," he said.
As he explained, the independent prosecutor will be the one who will represent the prosecution before the Court. "He should also take responsibility for the preparation of the indictment, as the Legal Service is doing today in cooperation with the Police," he added.
At the same time, Mr. Dimitriadis pointed out that in this way it will be ensured that both the investigation and the judicial management of the case will be independent.
"We must not forget that those mentioned in the report have not been convicted," he stressed, pointing out that the Attorney General is the person who can delegate the relevant powers to an independent prosecutor.
"They created an Anti-Corruption Authority without teeth"
He then raised the issue of the investigative powers that the Independent Anti-Corruption Authority should have.
"It should be given the powers needed to carry out its work effectively. In this way, the double procedure is avoided and it is given both investigative powers and the right to register an indictment," he said. He noted that the responsibility for the issue lies with the House of Representatives.
"They created a toothless Anti-Corruption Authority. Now they can give it the necessary tools, either by amending the relevant law or, if necessary, by amending the Constitution. We must finally start addressing the problem of the over-concentration of powers in the person of the Attorney General, as provided for by Article 113 of the Constitution," he argued.
He also reminded that this reform was a pre-election commitment of the current President of the Republic. "There was a proposal for a law by Irini Charalambidou and Alexandra Attalidou, which was never considered by the Legal Committee. Let them do it now," he said.
He then explained that the creation of the Anti-Corruption Authority serves two main purposes. The first is the operation of a "truth committee", which obliges those involved to testify the truth without facing criminal charges. The second is the conduct of specialized investigations that can lead to criminal proceedings.
"Now we understand how the system works, how much time is lost, how much money is spent and how much effort of the officials is wasted. If we want the situation to change, then the Parliament must take action," he said.
Finally, Mr. Dimitriadis also raised the issue of the timing of the publication of the finding. "The report was delivered in April and we were told that there was no time to make it public. They could, at least, have issued a one-page statement, informing that specific persons are being investigated for specific offenses. Did they deprive the electorate of the opportunity to know the findings of these possible acts of corruption? Would this have affected the election result?" he asked.
