Nicosia, Cyprus. The question of whether former presidents in Cyprus are immune from prosecution for acts committed while in office remains legally disputed, two prominent lawyers told the Cyprus Mail on Monday. The issue comes a day before former president Nicos Anastasiades is due to address findings by the anti-corruption authority concerning the book Mafia State.
Anti-corruption authority findings
Last week, the anti-corruption authority said Anastasiades may bear criminal liability on the grounds that he may have committed “abuse of power” in several instances during his presidency from 2013 to 2023.
Constitutional provision
The issue of presidential immunity is addressed in Article 45 of the constitution, which states that the president of the Republic “shall not be liable to any criminal prosecution during his term of office except under the provisions of this Article”.
According to the report, it remains unclear and open to interpretation whether a president who has left office may be held criminally liable for offences allegedly committed while serving in office.
Legal opinions differ
A senior lawyer who requested anonymity said there are differing views within the legal community on the matter.
The lawyer said some argue that a former president cannot be prosecuted for actions taken during the presidency after leaving office, but added that he disagrees with that interpretation.
Role of the courts and attorney-general
The lawyer said the matter would ultimately be decided by the courts, specifically the criminal court that would hear any trial related to prosecutions in the Mafia State case.
If charges were filed against Anastasiades, he would likely argue before the court that he retains immunity and cannot be prosecuted, while the prosecution would be expected to argue that immunity applies only during a president’s term in office.
The report said the attorney-general would ultimately decide whether to bring charges against the former president.
