'Mafia State' investigation: Four obstacles block criminal proceedings
The multi-page report from the Independent Authority against Corruption on the corruption scandal has been handed over to the Legal Service, but serious legal and institutional obstacles threaten to delay any criminal progress.
'Mafia State' investigation: Four obstacles block criminal proceedings
The file from the two-year investigation conducted by the Independent Authority against Corruption, prompted by the book 'Mafia State', has now been handed over to the Attorney General and the Tax Commissioner. The inspectors' report exceeds 3,000 pages and is accompanied by rich evidentiary material.
The supreme prosecutorial body will now undertake the study of the contents to decide on next steps. In parallel, the Council of Ministers is called upon to determine whether it will appoint autonomous criminal investigators, according to what the government spokesman has stated.
However, the case faces four critical obstacles that may dramatically slow progress towards the courts:
First, the Authority has exclusively investigative powers and not investigatory ones. Should criminal proceedings proceed, investigators will need to start from scratch, taking all statements anew. Only in this way will the material acquire investigatory force and be able to be brought before a judicial body.
Second, impartiality remains an unanswered question. The Attorney General, his Assistant and a prosecutorial official have withdrawn from the evaluation, given that they assumed office by decision of former President Nicos Anastasiades, whilst the first two had also served on the Council of Ministers. Additionally, two individuals under investigation — the former Assistant Attorney General and the former head of the Unit for Combating Concealment Offences — now serve in the Legal Service, a fact that raises questions about who will investigate them.
Third, repetition of the procedure requires time, which works against swift administration of justice. The file and evidentiary material are not likely to be examined immediately.
Fourth, the former President himself has announced that he rejects the offences attributed to him. In a written statement, he had characterised as unfounded the allegations of unlawful enrichment and corruption, contending that most charges do not fall within the scope of the allegations being investigated and that he was never given the opportunity to respond during the investigation.
The press conference of Mr Anastasiades, scheduled for next Tuesday, is expected to further unfold his positions on the investigation's findings.
Source: Philenews
Source: Philenews