Cyprus, as a Member State of the European Union and the Council of Europe, is bound by EU Legislation and the European Convention on Human Rights, as well as the relevant case law of the Court of Justice of the European Union and the European Court of Human Rights. Therefore, it follows that a person suspected of having committed a criminal offence is entitled to access a lawyer immediately.
The right is also safeguarded by the Constitution of the Republic of Cyprus and the Rights of Suspects and Arrested Persons Law of 2005.
In fact, any evidence gathering acts by the investigative authorities must be halted until that right is exercised efficiently.
These rights apply not only to arrested persons or those in custody but are "activated" as soon as an individual is made aware that they are suspected of having committed a criminal offence. The efficient and timely exercise of the abovementioned rights are often crucial to the outcome of cases.
Dimitris Lochias*
Lawyer - Legal Consultant
*Dimitris Lochias is a lawyer practicing predominantly in the criminal law and human rights issues and is a Member of the Cyprus Bar Association. He practices throughout Cyprus and in the SBA Courts of Episkopi & Dhekelia.
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