**Title: Legal Debate Surrounds Immunity of Former President Nicos Anastasiades**
The question of whether former presidents in Cyprus enjoy immunity from prosecution is currently under scrutiny, as legal experts weigh in on the implications of recent findings by the anti-corruption authority regarding former President Nicos Anastasiades. This discussion comes ahead of a scheduled news conference where Anastasiades is expected to address these findings, particularly concerning allegations raised in the book "Mafia State."
Last week, the anti-corruption authority indicated that Anastasiades could potentially face criminal charges for "abuse of power" during his presidency, which lasted from 2013 to 2023. The legal framework surrounding presidential immunity is outlined in Article 45 of the Cypriot Constitution, which states that a sitting president cannot be criminally prosecuted during their term. However, the article does not clearly address the legal status of a former president once they leave office, leading to differing interpretations among legal professionals.
One senior lawyer, speaking on the condition of anonymity, noted that opinions within the legal community vary. Some argue that a former president cannot be prosecuted for actions taken while in office, while others believe that such immunity does not extend beyond their term. The lawyer emphasized that any determination on this matter would ultimately rest with the courts, specifically the criminal court that would handle any potential case against Anastasiades.
Should charges be filed, it is anticipated that Anastasiades would assert his immunity as a defense. In contrast, prosecutors would likely argue that his immunity ceased upon leaving office. The attorney-general, currently George Savvides, is responsible for deciding whether to pursue charges. However, both Savvides and his deputy, Savvas Angelides, have recused themselves from the case, raising questions about the impartiality of any subsequent legal proceedings.
With the attorney-general and deputy attorney-general stepping aside, the responsibility for potential prosecution falls to eight attorneys of the Republic, who are the next most senior legal officials. While these attorneys are not directly answerable to their superiors in this case, their role as subordinates raises concerns about the independence of the prosecution process. An alternative could involve appointing an independent prosecutor from the private sector, a move that has precedent in previous cases.
Legal expert Achilleas Demetriades remarked that there is no existing case law in Cyprus regarding the immunity of former presidents, highlighting the uniqueness of the situation. He suggested that a direct question posed to Anastasiades during his upcoming press conference could clarify his stance on invoking Article 45 if a criminal case were to arise. Demetriades stressed the importance of careful consideration in appointing a prosecutor, as the integrity of the legal system is at stake.
As the investigations continue, it is possible that police may seek to question Anastasiades. While he cannot claim immunity from being investigated, he retains the right to remain silent, like any other citizen.
The unfolding situation represents a significant moment in Cypriot legal history, as it would mark the first instance of a former president facing potential prosecution, should charges be brought against Anastasiades. In the past, calls for prosecution have been made against other political figures, such as former President Demetris Christofias in relation to the Mari naval base explosion; however, no charges were ever filed against him while he was in office.
As the legal debate continues, the outcome of this case could have far-reaching implications for the perception of accountability and integrity within the Cypriot political system. The forthcoming news conference by Anastasiades is anticipated to provide further insights into his position and the legal arguments that may unfold in the coming weeks.