Contributing to the new EU Rule of Law Report

04/12/2023

Citizens talk directly to the EU about the serious shortcomings of the rule of law in Cyprus

The serious shortcomings in the rule of law and the lack of accountability in Cyprus that have fuelled corruption have been raised in an online meeting with the European Commission by civil society organisations and active citizens. The meeting was organised by OPEK to enhance the public consultation that the European Commission is conducting in all Member States, encouraging citizens to give feedback on issues including, among others, tackling serious corruption, strengthening transparency and pluralism and the effective administration of justice. The event took place on the 30th of November 2023, with the physical presence of organisations and citizens at the House of the European Union and an online participation of citizens through an online platform.

On behalf of the European Commission, Christina Karakosta, Officer of the Directorate General for Justice, in the Unit – Rule of Law presented the most important issues that have emerged from the European Commission’s assessments so far in its annual report on Cyprus (here ) and listened with particular interest to the positions developed by Cypriot organisations as to whether there has been progress, stagnation or regression. The views recorded are being taken into account by the European Commission in view of the new report to be released in July 2024.

To this end, the Commission has opened a public consultation until the 15th of January 2024 ( here ) and is looking for more feedback and documentation from the citizens of Cyprus.

For more information on the 2024 Report, you can visit the relevant website.

Participants developed their positions in a free discussion moderated by the Vice President of OPEK, Eric Soukiuroglou, in the framework of the European project “We – Together” to increase citizens participation in the European public life and the upcoming European Elections 2024. Participating organisations included: Cyprus Union of Journalists, Oxygono, “New Wave”, Cyprus Integrity Forum, “FIMONOI”, NGO Support Center, NGO Support Center, “Patient Behavior Initiative”, IKME, ESN – Erasmus Students Network, Accept LGBT Cyprus, ConnectingDOTs, AEJ Association of European Journalists, Cyprus Nostos, “55+ Together”, Association of Pavilion Workers, Cyprus Dream and other active citizens.

The following crucial issues have been recorded:

Independence of Institutions and Reforms

The appointment system with the prerogatives of the President, as de facto in force since 1963, creates conditions of subordination of the institutions.

The consultations developed during the pre-election period to separate the powers of the Attorney General (Legal Adviser and Public Prosecutor) have been paralysed in the post-election period. No political will for such a radical breakthrough has been registered, neither on the part of the executive nor on the part of the legislature.The Prosecutor General retains the unaccountability of his powers, which is not the case anywhere and in any EU country. The relevant recommendations of the European Commission and the GRECO Group remain unimplemented.

Progress in investigating corruption cases

The level of investigation of serious corruption cases remains extremely low.

The new Anti-Corruption Authority was established without the powers to register criminal cases in court and has so far not delivered results.

The issues raised from time to time internationally (“Golden Passports”, Panama Papers, Pandora Papers, Cyprus Confidential, Predator, etc.), while continuing to stigmatise Cyprus for systematic involvement in suspicious money laundering transactions and illegal activities, are not effectively investigated by the Attorney General’s Office.

Efficiency of the justice system

The transition to digital justice is progressing. However, the adjudication of cases remains largely delayed, despite the strengthening of the capacity of the courts.

There remain major questions among society as to whether the laws that are passed are implemented in practice.

Little effort is made by the Executive and the Legislature to explain the law and encourage citizens to realise their rights.

Level of accountability of elected officials

The implementation of the “Due Diligence” is suffering at its root and the current system is sham.

The initiative for a real “Behind the Back”, taken by prominent citizens – the Nobel laureate Christoforos Pissarides and Panagiotidis and Syrimis – was not taken up. Christos Panagiotidis presented at the event the written commitment of all the candidates for the Presidency, including President-elect Nicos Christodoulides, for “immediate implementation of the initiative”.

No action has been taken in this direction since Christodoulides’ election in February 2023. At the level of the Parliament, processes are underway to pass new ‘Everybody’s Behavior’ regulations without public consultation. Citizens’ organizations that requested to be invited to submit their views to the Parliament did not receive a response.

GRECO recommendations have been ignored for years, raising valid questions as to whether there is a real will at the political level for meaningful accountability. Political parties systematically deny transparency around their finances, even about the amounts they receive from the state budget.

Public Consultation

The Cypriot state does not implement procedures for meaningful public consultation.

The form of communication with citizens is one-dimensional and incomplete.

There is no real transparent consultation process, in conditions of participation and interactivity, so that society can express its opinion on major issues affecting the quality of life, the country’s economic prospects, the environment, etc. in good time and have its views taken into account.

Active Civil Society

Civil society is under pressure from the structures of power, instead of receiving the necessary support. The new legislation has created an unnecessary administrative burden and has led to the curtailment of NGO activity, rather than serving the purpose of transparency.

Participants were informed by the European Commission that, based on international indicators, the level of functioning of civil society has been downgraded from the category “Open” to the category “Restrictive”. The European Commission expects to have more information on this issue.

Media pluralism, editorial freedom and investigative journalism

Media pluralism operates within new restrictive frameworks put forward by media owners, citing sustainability reasons and the self-censorship of journalists under livelihood pressure. Investigative journalism lags behind in practice under the pressure of such and other factors affecting editorial freedom.

The European Commission raises issues related to government control of public service broadcasting.

CONCLUSIONS

The European Commission has taken note of the views expressed and will remain in direct contact with civil society organisations in Cyprus. It looks forward to continuing contacts and recording information with the necessary documentation in the context of the public consultation which continues until mid-January 2024.

Civil society organisations called for more pressure on the executive and the legislature for substantial reforms of the rule of law, either through close linkage of the most serious issues to EU funding (Recovery Fund) or through a continuous flow of information and public activities.

Civil society organisations recognise the need to mobilise their forces to make their voice stronger, demanding transparency and participation in the public debate