The Supreme Court regrets the content of the announcement of the Pancyprian Bar Association (PBA), dated yesterday, in particular the call of its members ".... for a warning abstention from their duties ...... and for a protest meeting .....", citing disagreement with the Delayed Case Clearing (Special) Procedural Rules, 2022 (the Rules)
To set the record straight, it is recorded that the recommendation of the Delayed Case Clearing Project Manager, Mr. Nathaniel, which was approved by the Supreme Court, for making Special Regulations to deal with the backlog of cases for the years 2014-2018, was, for the first time, communicated to the IDC, as part of its briefing, on 14.6.2022 and a communication was issued by the IDC shortly thereafter on 17.6.2022. The Rules were subsequently prepared and on the authority of the High Court, Mr. Nathaniel again met, on 9.11.2022, a delegation of the Association led by its President, at the offices of the IDA. It was explained by Mr. Nathaniel that the meeting was held in the context of the Supreme Court's cooperation with the legal profession, in order to provide information as to the progress of the adoption of the Rules, a position that was very positively received by those present. Mr. Nathaniel explained the basic parameters of the Rules and both the President and the Vice-President of the IDA agreed with the necessity of these regulations, while at the same time making suggestions regarding certain individual issues. On the same day, the President of the IDA sent a letter to Mr. Nathaniel, stating: "Following our constructive meeting today, we express our thanks to you for the information we received on the actions taken on the special procedure for the management of backlog cases (backlog) and the opportunity given to the IDA to discuss, exchange views and send comments on the draft text of the regulations to be adopted in the near future. We have already made some suggestions.". It was further requested that, before the regulations are adopted, it should receive the draft "... for any further comments that might contribute towards the objective sought."
On the basis of the above, the necessary amendments were made to the draft regulations, which were again placed before the Supreme Court, which, exercising its constitutional powers, approved them. The Pancyprian Bar Association was informed accordingly, noting that "..... all comments/comments of the President and Vice President have been incorporated."
[/P]Consequently, given the previous agreement of the PCA with the philosophy and necessity of the adoption of the Rules, the subsequent reaction and the threat of taking extreme and unnecessary, under the circumstances, measures is surprising. All the more so, considering that, at the request of the President of the IDA, a meeting with the Supreme Court to discuss "..... in relation to matters relating to the management of the backlog
It is the firm position of the Supreme Court that it is always at the disposal of the IDA to discuss matters relating to the judiciary and its smooth functioning. However, as has been repeatedly stated, dialogue between us requires mutual respect and, above all, absolute respect for the constitutional powers of the Supreme Court and the responsibilities it has assumed to reduce the backlog of cases, an objective directly linked to the smooth functioning of society and the economy, but also to the underpinning of the rule of law itself.
In order to achieve the above, the contribution of lawyers and a change in the mentality of all those involved are indispensable.
(MB/SX)
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