A judicial decision reveals revelations about mobile phones and alleged crimes being orchestrated from the cells of the Central Prisons.The Police, based on a judicial search warrant, utilized the gathering of “highly reliable” information, which precisely replicated what a convict ordered another person outside the prison to commit.Specifically, as stated in a decision of the Supreme Court issued on February 20, the Police requested and secured a search warrant for the residence, assets, and vehicles of an individual, to search for smartphones. To secure the warrant, an investigator submitted a sworn statement, which includes the following (as recorded in the Court’s decision):“Specifically, on 31/01/2024, information of high reliability was received, stating that on 31/01/2024, between the hours of 02:00 – 02:30, a convict of the Central Prisons (hereinafter referred to as the 1st suspect), while in his cell numbered [ ] in wing [ ], was conversing in Greek via video call from a mobile phone (smartphone) he had in his possession, of an unknown caller, with another person. According to the highly reliable information, the 1st suspect was conversing via video call with [ ], born on [ ] (hereinafter referred to as the 2nd suspect), who resides at [ ] Street in [ ] Province of Larnaca, asking him to commit a criminal act against an unknown person. On the specific day and between the hours as recorded above, the 1st suspect was conversing via video call, speaking loudly and angrily, while he was inside his cell numbered [ ], stating ‘… you need to go and deal with him, [ ] …’, continuing his conversation, the 1st suspect mentioned to [ ], ‘… [ ], it’s been days since I told you, it’s set up with your friend, everything’s ready and the photos and videos I sent you …’. The 1st suspect, ending his phone call, said, ‘… I want the shot to be fired, the time he will be at home…’”For this case, the Police are investigating offenses related to: (1) Conspiracy to commit a felony, conspiracy to commit a misdemeanor, threat of violence, threat, participation in a criminal organization, and participation and acceptance of the commission of crimes.Regarding this matter, a citizen, through his lawyer Christos Poutzouris, requested permission from the Supreme Court to file an application for the issuance of a Prerogative Writ of Certiorari to annul the issued search warrant in the context of investigating the above-mentioned case, as well as an order prohibiting the Police or the Attorney General from holding and/or processing and/or disseminating and/or using any telecommunications data and/or the content of the documents obtained in the execution of the said warrant until final adjudication of this application.The applicant’s side sought permission to annul the search warrant with eight reasons, arguing that the lower Court lacked jurisdiction and/or authority to issue the said search warrant, as the elements of the sworn statement presented to it were not sufficient to establish the reasonable suspicion required as a prerequisite for its issuance.Judge Lena Dimitriadou-Andreou, after analyzing the case law governing the conditions for entry into a residence, found that there is a debatable issue and granted permission to file an application seeking the issuance of a certiorari warrant to annul the search warrant. The case was scheduled for February 29, 2024.
