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How Parliamentary Immunity is 'Unlocked' in Cyprus - The Role of the Attorney General and the Supreme Court

Published January 5, 2026, 10:29
How Parliamentary Immunity is 'Unlocked' in Cyprus - The Role of the Attorney General and the Supreme Court

The decision to submit a request to the Supreme Court for the lifting of parliamentary immunity rests with the Attorney General, according to the Constitution, stated constitutionalist Achilleas Aimilianides and Deputy Director General of the House of Representatives, Andreas Christodoulou, to CNA. The lifting of parliamentary immunity, as provided for in Article 83 of the Constitution, is rare in the Republic of Cyprus, as relevant requests have been approved only four times since 1960. Constitutionalist Achilleas Aimilianides told CNA that the procedure for lifting parliamentary immunity is prescribed in the Constitution. Asked about this, he said that a request must be submitted by the Attorney General to the Supreme Court. He noted that it is always at the discretion of the Attorney General whether to submit the relevant request. For his part, the Deputy Director General of the House of Representatives, Andreas Christodoulou, stated to CNA that the Legal Service decides whether the request for lifting parliamentary immunity will go to the Supreme Court. "Article 83.2 of the Constitution will apply in this case," he said. He noted that the prosecution authorities must turn to the Supreme Court and obtain permission to lift the immunity and "then they will be able to proceed with the criminal proceedings, if the Legal Service deems it necessary to proceed," he said. He added that institutionally the Parliament does not have any participation in the issue. He clarified that in the event of approval of the request, the MP will be able to normally exercise his duties, but with the lifting of the immunity he will be able to proceed with the criminal procedure and investigation. According to Article 83 of the Constitution, MPs are not subject to criminal prosecution and are not civilly liable for any opinion expressed or vote given in the House of Representatives. It also provides that MPs cannot be prosecuted, arrested or imprisoned during the time they remain MPs, without the permission of the Supreme Court. Permission is not required for an offence punishable by imprisonment for five years or more, if the offender is caught in the act. In this case, the Supreme Court, "being duly informed by the competent authority, decides on the granting or not of permission to continue the prosecution or detention, as long as the offender remains an MP". According to the same article of the Constitution, if the Supreme Court refuses to grant permission to prosecute an MP, the time during which he cannot be prosecuted is not counted towards the statute of limitations of the offence. It is also stated that if the Supreme Court refuses to grant permission to execute a sentence of imprisonment imposed on an MP by a competent court, the execution of the sentence is postponed until the convicted person ceases to be an MP. The lifting of parliamentary immunity in Cyprus is rarely applied. Specifically, only four times since the establishment of…