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The Role of the Cyprus Attorney General's Office in Prosecutions The Role of the Cyprus Attorney General’sOffice in Prosecutions: Rhetoric, Ideology and Practice Despina Kyprianou The Role of the Cyprus Attorney General’s Office in Prosecutions: Rhetoric, Ideology and Practice Dr Despina Kyprianou Cyprus [email protected] [email protected] ISBN 978-3-642-01920-3 e-ISBN 978-3-642-01921-0 DOI 10.1007/978-3-642-01921-0 Springer Heidelberg Dordrecht London New York Library of Congress Control Number: 2009928620 # Springer-Verlag Berlin Heidelberg 2010 This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Cover design: WMXDesign GmbH, Heidelberg, Germany Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com) To my family Foreword Attorney General, Republic of Cyprus It is with great pleasure that I foreword the book of Dr Despina Kyprianou’s for many reasons: The first one is that books on any area of Cyprus Law is particularly welcomed as there are limited studies which focus on this field and reveal the singularities and special features of Cyprus Law. The second one is that this book is about the Attorney General’s Office, an office that I have served for almost thirty- five years and have personal knowledge of its crucial role not only regarding prosecutions but also regarding a wide variety of other legal issues. The third and most important reason is that this is an excellent work and a thought-provoking contribution to our understanding of the Role of the Cyprus Attorney General’s Office in Prosecutions. The last reason that I am very happy to commend this study is the fact that, a few years ago, I was the one that granted access to the Law Office for Dr Kyprianou’s research. The publication of this highly informative book is the best confirmation that I was right in doing so. The Republic of Cyprus was established as an independent sovereign republic with a presidential regime on 16 August 1960, when its Constitution came into force and British sovereignty over Cyprus as a Crown Colony ceased. The post of the Attorney General, which existed throughout British rule, was retained by the Constitution and has been recognised as one of the great offices of the State. The Attorney General, as well as the Deputy Attorney General who serves on the same terms, is appointed by the President of the Republic from among persons who are qualified for appointment as Judges of the Supreme Court. He holds office under the same terms and conditions as a Judge of the Supreme Court and is not removed from office except on the like grounds and in the like manner as such Judge of the Supreme Court. He is the Head of the Law Office of the Republic, which is an independent office and is not under any Ministry. Among the other roles that the Attorney General is entrusted with, the Constitution recognises him as the head of the prosecution system with ‘power exercisable at his discretion in the public interest, to institute, conduct, take over, vii viii Foreword and continue or discontinue any criminal proceedings for an offence against any person in the Republic’ (Article 113.2 of the Constitution). It is true that the prosecutorial power and the discretion that is afforded to the Attorney General is wide and it is also correct, as Dr Kyprianou remarks, that as far as prosecutions are concerned, the Attorney General’s role in the process appears broader and more multifarious than that of his counterpart in England and Wales. However, the constitutional position of the Attorney General and his independent status, unlike the political nature of the equivalent post in England and Wales and other Common Law Jurisdictions, as well as the terms of his appointment, constitute important safeguards for the right execution of his powers. Dr Kyprianou’s book, inter alia, makes a significant contribution to the discus- sion of this argument, since it provides a comprehensive account of the legal framework regarding the role of the Attorney General’s Office in prosecutions, while highlighting the singularities of its status. Furthermore, based on unique and original data, it describes the developing functions and powers of the Office through time and the way these powers are executed in practice. The book places particular emphasis upon the workload of the Law Office and its relationship with the police, the role it acquires during investigations and its role in the formulation and application of prosecution policies and principles. Dr Kyprianou organises and analyses her data with skill, drawing conclusions which I am certain that they will be of interest not just to scholars, but to all lawyers and practitioners in the field. These are the reasons that I commend this book wholeheartedly. February 2009 Mr Petros Clerides Attorney General of the Republic Foreword Reader, Law School, University of Warwick I first became aware of Despina Kyprianou’s research on the prosecutorial function of the Attorney General of Cyprus, when invited to examine her thesis on this subject which had been presented to the University of London for the degree of PhD. I opened the thesis with some interest, since, like many English lawyers, I knew something of Cyprus’s recent troubled history but little about its legal system. The research, based on an extensive ethnographic observation within the Attorney General’s Office and detailed interview with former incumbents of that office, provides a fascinating insight into the operation of small legal system emerging from colonial roots and developing its own distinctive character. The study will be consulted within Cyprus by lawyers and others wishing to understand the prosecution process and will no doubt be the first point of reference of future Attorney Generals. However, its impact will not be restricted to that jurisdiction. The work embodies a valuable addition to comparative socio-legal studies and will advance understanding of the manner in which historical, political and ideological factors shape the form and functions of prosecution systems. I am delighted to hear that Dr Kyprianou’s work is to be published as a monograph and I am greatly honoured to be associated with it in some modest way. February 2009 Roger Leng Reader Law School University of Warwick ix Preface In all criminal justice systems there is a public prosecuting authority which, on behalf of the society and in the public interest, is responsible for the prosecution of alleged offenders. As expected, the particular status and the exact functions and powers of these authorities are not identical in all countries, since they are rooted in the legal and political culture of the jurisdictions in which they are found. The Constitution in Cyprus, while recognising the right to private prosecutions, entrusts the Attorney General with the overall responsibility for all prosecutions and with very broad powers in the execution of his functions. However, the exact parameters of the broad role of the Attorney General have not been specified in detail in respect of a series of issues including (a) the categories of cases that he is closely dealing with (in contrast to the rest of the cases where he only exerts an overall control); (b) the specific powers exercised regarding them (and specifically the extensive role the Attorney General acquires during investigations); (c) the criteria/policies applied and the formulation of policies for other prosecuting agencies. Therefore, the central objective of this book has been to develop our knowledge and understanding of the role of the Cyprus Attorney General’s Office in prosecu- tions, an undertaking lamentably neglected so far on both the theoretical and the empirical level. On a more general level, though, it is hoped that this study will also shed light on the choices of the Cyprus prosecution system in some of the most debatable issues regarding prosecutions in many jurisdictions. Questions concerning the desirability of prosecutors and police having a more clearly hierar- chical constitutional relationship; the giving of direct investigatory functions to prosecutors; the retention by the police of the power to filter cases out of the system without any control from the prosecuting authorities; and the institution responsible for formulating the prosecution policy in the jurisdiction have constituted the most controversial topics of discussion among academics and practitioners and are still included in the reform agenda of various commissions. Cyprus prosecutorial arrangements make up a system which reflects the influence of the English legal model during its early development, but one which has been refined according to xi xii Preface local needs and has also incorporated numerous characteristics associated with the inquisitorial rather than the adversarial tradition This book is mainly based on my PhD thesis, submitted to the University of London (LSE) in December 2006. The completion of this research project needed the support and encouragement of many people and, therefore, there is a long list of people that I owe thanks to. First of all, I would like to thank my doctoral supervisor, Prof Jill Peay, not only for her constant support and valuable guidance but also for her patience and understanding when family emergencies delayed the progress of my research.
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