“Golden Passports” case: Rulings, witness assessments, and evidence gaps

Date:

The Permanent Criminal Court of Nicosia has fully acquitted former Parliament President Dimitris Syllouris and ex-MP and businessman Christakis Giovani in the high-profile “golden passports” case, which had been linked to the Al Jazeera Cyprus Papers investigation. The court emphasised that the controversial video did not constitute evidence, and the charges were evaluated solely based on testimony and material presented in court.

Majority and minority rulings

The majority decision, comprising 170 pages, cleared both defendants of all three charges:

  1. Influence peddling in the case of Zaineh Ali Himli Armoush, daughter of investor Almi Hilmi Munib Armoush.
  2. Conspiracy to defraud in the case of investor Nikolay Gornovskiy.
  3. Influence peddling regarding the Gornovskiy case.

A minority of the judges disagreed with the third charge, stating that certain evidence, such as requests for re-evaluation of investor applications, could have sufficed for conviction. The dissenting opinion criticised the handling of the third charge and highlighted potential irregularities in actions taken without formal institutional authority.

Key evidence and witness assessment

The court closely examined witness credibility and documentary evidence:

  • Witness 5 was deemed independent and truthful, with no challenges to reliability from the defence.
  • Witness 13 showed contradictions, particularly regarding exceptions granted without sufficient legislative basis and justifications based on “humanitarian reasons,” which were not supported by medical certificates.
  • Testimony from the then-Minister of Interior was rejected due to apparent self-interest in defending personal actions rather than providing impartial evidence.
  • Critical emails and electronic communications were ruled insufficient as evidence since senders and recipients did not testify, authenticity could not be fully verified, and they could not be used against co-defendants.

The court highlighted that the prosecution failed to provide testimony from Ministry of Finance officials responsible for assessing financial compliance, creating a “significant gap” in evidence, particularly regarding client accounts and payment certificates associated with applications.

Judicial principles and burden of proof

The court reiterated three fundamental principles:

  1. The prosecution bears the burden of proof.
  2. Proof must meet the standard of beyond reasonable doubt.
  3. Any lingering doubt results in acquittal.

The verdict stressed that no improper benefit was accepted, no undue influence occurred, and no fraudulent agreement or malicious intent was proven. Even repeated phone calls from Syllouris’ office to Ministry officials did not demonstrate illegal pressure, and any requests for expedited processing fell within ministerial discretion for humanitarian or investment reasons.

Background and context

The case arose following the October 2020 release of the Al Jazeera Cyprus Papers documentary, which revealed issues within the Cyprus Investment Citizenship Programme. The investigation, ordered by Attorney General George Savvides, lasted over a year and included international evidence collection. The programme was subsequently suspended by the government.

Initially, five charges were filed. Charges 4 and 5, linked directly to the Al Jazeera report, were later suspended by the Law Office. The final criminal case focused on charges 1, 2, and 3 against Syllouris and Giovani, while two other figures, Andreas Pittatzii and Antonis Antoniou, were fully cleared.

The defendants were alleged to have received financial benefits to influence public officials in granting citizenship exceptions or expediting applications. The court concluded that there was no evidence of improper intent, financial gain, or undue influence.

Verdict and public reaction

Upon the reading of the verdict by Judge Nikolas Georgiadis, the courtroom erupted in prolonged applause from relatives, friends, and supporters. The case, which had been at the centre of public debate for years, concludes at the criminal level with the full acquittal of both former officials.


Also read: Golden passports verdict: Syllouris, Giovanis acquitted
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