Supreme Court annuls order to retain Avakoum monastery CCTV footage

The Supreme Court has annulled an order allowing police to retain CCTV footage from the Avakoum monastery, ruling on Wednesday that it was issued without legal authority and in excess of the Nicosia district court’s jurisdiction. The order was challenged by Efstathios Efstathiou, lawyer for the monk Nektarios, who is on trial with Porfyrios before the Nicosia criminal court. The Supreme Court upheld his appeal against an earlier ruling that had rejected his bid. The three recording devices were handed voluntarily to police by Archdeacon Varnavas, a member of the monastical brotherhood. This followed a complaint by the Tamasos bishopric accusing the abbot of financial offences. Nektarios and other monks later complained against the bishopric over the use of the devices, alleging breaches of the personal data protection law. The order was based on the criminal procedure law, which covers items seized during a lawful search. The judges said that because the footage was surrendered voluntarily, the section did not apply. “The detention order was issued without legal authorisation and in excess of the jurisdiction of the Nicosia district court,” the ruling said. The court said the decision did not affect the right of police to possess the footage. It also said that possession of such items “is not equivalent to access” to private communications they may contain, drawing a distinction between receiving an object and accessing the communication itself. It did not examine the appeal ground on personal data and fundamental rights, saying such issues could be pursued by other legal means. The ruling does not automatically exclude the footage from the criminal trial, and whether it can be used as evidence remains a matter for the trial court. Efstathiou called the decision “a particularly important development”, asking on what authority those acting for the bishopric had entered the monastery, accessed its electronic systems and obtained recordings of private conversations. “Since when can an ecclesiastical authority substitute for the investigative authorities?” he said. He added that the decision did not prejudge the admissibility of the material, but that its acquisition and handling must be examined. The trial, in which the monks face charges including conspiracy to defraud, forgery, money laundering and submitting fraudulent tax returns, resumes on November 9.