Attorney General could order phone taps without a court order under new bill

by Michalis Hadjivasilis

Source: in-cyprus.philenews.com

The government wants to give the attorney general the power to order phone tapping without a judge’s approval — and it wants parliament to pass the law before it dissolves. MPs are not convinced.

The parliamentary Legal Affairs Committee got its first look at the legislation yesterday in a closed, off-agenda session attended by the Attorney General, the Deputy Attorney General, the Justice Minister and ministry officials. Cabinet approved the bill 15 days ago.

The bill does two things. First, it expands the list of offences for which the Attorney General can apply to a court to authorise interception of communications.

Second — and far more controversially — it would give the Attorney General power, under exceptional circumstances, to authorise the Intelligence Service (KYP) or the Chief of Police to tap phones directly, for state security reasons only, with no court involvement.

It would be the first time a court has been cut out of the process entirely, and MPs are unlikely to back it easily.

Two companion bills are being prepared to make the main legislation work in practice. MPs were told yesterday that all three will be discussed together once the full package is ready.

The companion bills are expected to address MPs’ concerns about removing judicial oversight — though the government is racing to get everything passed before the current parliament dissolves.

The provision at the heart of this is a proposed constitutional amendment.

It would allow surveillance to go ahead “upon written approval of the Attorney General of the Republic, given in accordance with the provisions of the law, and where the interference constitutes a measure which in a democratic society is necessary only in the interest of preventing and countering activities constituting a threat to the security and sovereignty of the Republic.”

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