Today, the case concerning the murder of a convict committed on 27/10/2022 inside the Central Prison was registered at the Nicosia District Court for referral to the Nicosia Permanent Criminal Court. One of the accused, who was a prisoner in the same ward as the victim, faces a charge of premeditated murder, as well as charges of possession and use of a Class A controlled drug. Other persons are also being prosecuted in the same case, including two prison guards, who face charges of manslaughter by unlawful negligence constituting culpable negligence, neglect of duty and, together with a third colleague, face charges of causing death by reckless, reckless or dangerous act and neglect of official duty.
This serious crime brings back the problem of the importation, trafficking and use of mobile and narcotic drugs in prisons, as well as the commission of criminal acts by prisoners while in prison.
We recall that, on 27/7/2022, a four-member team of independent criminal investigators was appointed, headed by former Supreme Court Judge M. Christodoulou to investigate the possible commission of criminal offences within the Central Prison, with particular emphasis on the investigation of the import, trafficking and use of mobile phones and drugs.
The report of the four criminal investigators was handed over to the Legal Service on 4/11/2022. The investigation, the testimony collected and the conclusions of the criminal investigators are clearly not for public disclosure. However, without disclosing any details of the criminal investigators' report, we are obliged to take a public position since we are very concerned to note that, through the investigation, the findings of the court decisions and the information/testimony held by the Police regarding the repeated importation, transfer and use of mobile phones by prisoners in the Central Prison are confirmed. This appears to have been achieved with the assistance of some Prison staff members. Similarly, the pattern of importation, trafficking and use of drugs within the Prisons is confirmed, again with the assistance of some members of Prison staff. This in itself exposes the whole structure of the penitentiary system to very serious dangers that are causing tremors in the whole system of Criminal Justice.
As a result, and based on undeniable facts, it is clear that the measures taken by the Prison Administration are neither adequate nor effective. This leads us to an uncontrolled and highly dangerous situation and creates risks to the safety and lives of people inside and outside the Prison with serious implications for public safety and order.
By way of illustration, we cite the following cases, which, unfortunately, are linked to illegal activities within the Central Prison:
- Findings of the Larnaca Court of Cassation in its decision dated 19/7/2022, in case number 2188/2020, regarding the use of mobile phones by a prisoner, who through the illegally introduced devices inside the prison, communicated with other persons and provided instructions to commit serious criminal offences, i.e. to kill certain persons, resulting in an attempted murder against 5 unsuspecting citizens who were randomly in a public place.
- Arson of the warehouse of the Limassol District Court, where there was testimony that the perpetrators of the arson were transmitting live via telephone to the perpetrator of the case, who at the material time was in prison as a prisoner.
- Murder of a specific person on 21/4/2021. This person was a key prosecution witness in a serious drug case.
- Murder of a certain person, father of a prosecution witness, included in the Witness Protection Plan. The murder of this person was carried out a few days after the sworn testimony given by his son.
- Desecration of the grave of the mother of another person, also a member of the Witness Protection Scheme, who was going to testify against a defendant in a drug case.
Our role as Chief Legal Officer is not to take steps to prevent and deter this situation. However, in order to prevent, deter and suppress these dangerous phenomena, we indicate to the relevant authority the urgent need to take drastic and immediate measures to protect all citizens inside and outside the Prisons.
Today we have sent the report of the criminal investigators in its entirety to the Honourable Minister of Justice and Public Order for her to act swiftly within the scope of her own powers. In view of the tumultuous events and developments, we publicly express our deep concern and worry about the situation as it is unfolding and look forward to action being taken by all relevant agencies.
(BL)
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