Concerns grow over Cyprus surveillance bill proposal to bypass courts

Nicosia, Cyprus. Concerns are mounting over proposed amendments to Cyprus’ surveillance legislation that could remove judicial oversight as a safeguard, lawyers said on Monday. The amended bill is expected to be brought before the House plenum for a vote on Thursday.

Proposed authorisation process

According to Akel MP Andreas Pasiourtides, following a recent closed session of the House legal affairs committee, a majority appears to be forming in favour of allowing the Cyprus Intelligence Service (KYP) chief, in certain cases, to bypass the courts when seeking authorisation for surveillance.

Instead, under the proposed framework, KYP would be required to seek approval within 72 hours from a three-member committee for the continuation of surveillance measures. The committee would be appointed by the council of ministers.

Legal concerns over oversight

Lawyer Simos Angelides warned that the shift raises serious concerns about constitutionally protected human rights.

“There are certainly risks, and the attempt – without clear justification – to remove the supervisory role previously exercised by the courts is both striking and troubling,” he said.

Angelides said that even in cases involving national security, any decision to proceed with surveillance should be subject to prompt judicial review.

“Even if an initial decision is taken, it should be placed before a court for approval within a short timeframe – perhaps within 48 hours – not before a committee appointed by the executive,” he said.

Earlier oversight proposal

Angelides said the initial proposal had been to transfer oversight powers to the attorney-general, but that idea was ultimately rejected following party objections.

What do you think should be the required oversight for surveillance authorisations in Cyprus?