Supreme Court rejects unionist’s request for private indictment of state officials

Nicosia, Cyprus. The Supreme Court on Wednesday rejected a request by Equality (Isotita) trade unionist Giorgos Maltezos to register a private criminal indictment against five state officials over alleged violations of protections for trade union members.

The court found that Maltezos, a prison guard employed under an indefinite contract, did not have a dependent employment relationship with the state.

Proposed indictment

The proposed indictment targeted Justice Minister Costas Fitiris, central prisons deputy director Maria Siali, a senior legal officer at the justice ministry, the ministry’s permanent secretary George Pantelis, and a prisons department officer.

Maltezos alleged that the officials had failed to provide effective protection from actions detrimental to workers’ representatives because of their trade union activities. The proposed charges also concerned alleged obstruction of trade union freedom.

Court reasoning

The court said Maltezos’ employment in the public service was governed by administrative law.

It found that the legislation invoked by Maltezos applied to an enterprise or economic entity and that the state did not fall within that definition.

The court also ruled that the proposed indictment would effectively seek to influence or annul proceedings against Maltezos over alleged unjustified absence from work.

As those proceedings remained pending despite his dismissal, the court concluded that pursuing the indictment would constitute an abuse of the judicial process.

Union response

Equality president Prodromos Christofi said the union respected the decision but expressed concern that its reasoning could leave public sector workers without criminal protection against alleged anti-union reprisals.