Court denies access to classified files in espionage case

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The ruling issued by the Supreme Court has dismissed an application from a defendant seeking access to classified material in a high-profile criminal case.

The case is being heard before the Limassol Criminal Court, where the accused faces serious charges including espionage, disclosure of sensitive defence information and money laundering.

At the centre of the espionage ruling was the defendant’s claim that access to “classified” material was essential for his defence. The prosecution maintained that the material was confidential and not part of the evidential file.

The disputed data is linked to the SIENA used for secure cross-border law enforcement cooperation.

Lower court decision upheld

The Criminal Court of Limassol had already rejected the request, ruling that the material did not constitute evidence and would not materially affect the case.

The Supreme Court agreed in its ruling, finding no overreach or procedural irregularity by the lower court.

Extraordinary legal remedy rejected

The defendant attempted to challenge the decision through a certiorari application, but the Court stressed that such remedies cannot be used as a substitute for an appeal.

It reiterated that the correct legal route remains the standard appeal process, which is available to the defendant in the ongoing espionage proceedings.

Limits of judicial review confirmed

The ruling also clarified that even if the lower decision were overturned, it would not automatically result in disclosure of the classified material.

The Court underlined the distinction between legality and the merits of judicial decisions, reaffirming strict limits on intervention in interim criminal rulings.

The application was therefore dismissed in full, allowing the Limassol espionage trial to proceed.


Also read: Karahasan: “If only the Turkish flag was waving in Limassol, in Larnaca!”
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