Phone tabbing to be made legal in the South?
By Fanos Droushiotis
Maybe I should keep my big mouth shut! It has been discussed in the south that the Police will be allowed to legally watch your conversations, if they consider you a criminal.
What will really stop them to listening to any conversations I really can not understand, especially if people are going to be employed in doing that, of basic integrity to say the least.
It was reported that Agreement nears on phone tap bill
in the Greek Cypriot Parliament as if the Greek Cypriot MPs had nothing better to do!
This will, and remember my words, turn as a bumerang onto the same MPs that are voting for such a bill.
Greek Cypriot Parliament may be reaching the final stages in amending Chapter 17 of the Cyprus Constitution to allow the observation of private telecommunications.
With the exception of coalition partner AKEL, which is adamant the law shouldn't be passed, as it will infringe on basic human rights, deputies on the House Affairs Legal Committee have agreed on the proposed bill, which has been pending in Parliament since 1999.
Following a multitude of meetings, the majority of deputies seems to have reached common agreement on how to word the specific paragraph of Chapter 17, which currently strictly prohibits the observation of telecommunication, in any way, shape or form.
The deputies’ proposed amendment is similar to the government bill that was submitted to Parliament in 1999 and which has been the reason for much debate ever since. It is also in accordance with Chapter 8 of the European Treaty for Human Rights.
However, there have been changes.
Deputies excluded the right to allow monitoring in crimes regarding public health, public ethics, rights and freedoms, which are guaranteed for everyone in the Constitution. Deputies believed such a category of crimes did not justify interference into personal telecommunication.
In previous Legal Committee meetings, the AG said these crimes were equally serious and included in the corresponding regulations of the European Commission Treaty. It remains to be seen whether Clerides and the government approve the specific exclusion.
The deputies’ proposal also offers more restrictions on the offences that would justify observation, by changing the general term “criminal offences” to “serious criminal offences”.
And they have specified that observations can only be made on landlines and mobile phones, and no other form of communication – for example letters.
The term “telecommunication” will include telephone calls, visits to websites, e-mails and SMS text messages. DIKO has also suggested the inclusion of WAP, Bluetooth and Infrared.
A list of crime categories will be embodied in the law, which will specify when observations can take place. The police have already proposed a list, though deputies deemed it far too long and it is sure to be cut down.
So far, deputies and police have agreed on crimes such as premeditated murder, crimes against state security, drug trafficking-producing-providing, human trafficking, internet crime (such as child pornography and child prostitution), crimes related to international terrorism and arms trading.
Other restrictions all parties involved agreed on were:
The observations will not be carried out by the police, but by a special service that will be appointed by the Cabinet.
A body will be set up that will audit the whole procedure. The body will submit an annual report to the President of the Republic.
A police application to monitor telecommunication should be made to the District Judge. DISY is suggesting that the application is first signed by the AG in order to avoid unnecessary applications.
The observation orders will have a specific time limit – likely to be two to three weeks.
NOTE: I forgot to give them my Greek Cypriot number to watch it is +357 99987654 and beleive me this IS my number...