|
ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
|
|
|
(1985) 3 CLR 2815
1984 June 23
[TRIANTAFYLLIDES, P.]
IN THE MATTER OF ARTICLE 146 OF THE CONSTITUTION
MODESTOS PITSILLOS,
Applicant,
v.
THE REPUBLIC OF CYPRUS, THROUGH
1. ATTORNEY-GENERAL,
2. COMMANDER OF POLICE,
Respondents.
(Case No. 575/83).
Administrative Law-Administrative Act-Executory act-Article 146.1 of the Constitution-An act of a preparatory nature relating to the possibility of commencement of Judicial Proceedings is not within the ambit of Article 146.1-An act of an informative nature lacks executory character.
By letter dated 19.9.1983 the applicant complained to the Commander of Police that there had not been traced the public officers who, according to his allegation, had altered his name and identity card in the electoral lists, prepared for the by-election for President of the Republic in 1977.
By letter dated 19.10.83 the Commander of Police informed the applicant that there had not been found evidence against any member of the Police Force regarding neglect of duty.
Hence the present recourse.
Held, dismissing the recourse (1) If the Police had reached the conclusion that a particular person was responsible for the alteration, in the electoral list of applicant's name and identity card, this could result in the prosecution of such a person. Consequently the letter of the Commander of Police is an act of a preparatory nature related to the possibility of commencement of Judicial Proceedings and, therefore, it does not fall within the ambit of the jurisdiction of the Supreme Court under Article 146 of the Constitution.
(2) In any event the said letter is, of an informative nature and, therefore, is not an executory administrative act.
Recourse dismissed.
No order as to costs.
Cases referred to:
Xenophontos v. The Republic 2 R.S.C.C. 89;
HadjiPanayi v. The Municipal Committee of Nicosia (1974) 3 C.L.R. 366;
Economides v. The Republic (1980) 3 C.L.R. 219;
Kyprianides v. The Republic (1982) 3 C.L.R. 611;
Pavlides v. The Republic, still unreported (recourses 107/79 and 131/79).
Recourse.
Recourse against the contents of the letter of the Commander of Police regarding the protest of the applicant that there had not been traced the Public Officers who, had altered applicant's name and identity card in the electoral lists which had been prepared, for the by-election for President of the Republic in 1977.
Applicant appeared in person.
M. Florentzos, Senior Counsel of the Republic with A. Vassiliades, for the respondent.
Cur. adv. vult.
TRIANTAFYLLIDES P. read the following judgment. By means of the present recourse the applicant complains about the contents of a letter of the Commander of Police, dated 19th October 1983, regarding a protest of the applicant that there had not been traced the public officers who, according to the applicant's allegation, had altered his name and his identity card in the electoral lists which had been prepared for the by-election for President of the Republic in 1977.
The applicant submitted his complaint to the Commander of Police by his letter dated 19th September 1983, after a suggestion to that effect by the Attorney-General of the Republic, which is contained in his letter dated 30th August 1983.
In the complaint of the applicant there is made, also reference to conduct of police officers in relation to the investigation of his allegation regarding the alteration of hi name and his identity card in the electoral lists.
By his letter dated 19th October 1983 the Commander of Police informed the applicant that there had not been found evidence against any member of the police force regarding neglect of duty.
In this letter there exists an inaccuracy, which is not, however, of material significance, because it is stated that the action of the applicant 2184/82 was dismissed by the Supreme Court, whereas in fact it had been dismissed by the District Court of Nicosia, which found that there was no evidence of conspiracy of officers of the Republic in relation to the alteration of the identity card and of the name of the applicant in the electoral lists. It is, also, stated in the judgment of the District Court that a recourse of the applicant (247/77) for the same matter was dismissed by the Supreme Court because the applicant ought to have applied to the Electoral Court and that this was affirmed by the Supreme Court in Revisional Jurisdiction Appeal 268.
If the Police had reached the conclusion that any particular person was responsible for the alteration of the name and of the identity card of the applicant in the electoral lists this could result-(as was, indeed, the demand of the applicant contained in his letter dated 19 September 1983)-in the prosecution before a Court of such person. Consequently the letter of the Commander of Police dated 19th October 1983 is an act of a preparatory nature which is related to the possibility of commencement of judicial proceedings and, therefore, it does not fall within the ambit of the jurisdiction of the Supreme Court under Article 1.46 of the Constitution (see Xenophontos v. The Republic 2 R.S.C.C. 89, 92, 93, Conclusions from the Case-Law of the Council of State in Greece, 1929-1959, 230, and Kyriacopoullos on Greek Administrative Law, 4th ed, vol. C, 91, 92).
In any event the aforesaid letter dated 19th October 1983 is a. document of informative nature and for this reason it is not an executory administrative act. It therefore, cannot be the subject of a recourse under Article 146 of the Constitution (see Hadjipanayi v. The Municipal Committee of Nicosia, (1974) 3 C.L.R. 366, Economides. v. The Republic, (1980) 3 C.L.R. 219, Kyprianides v. The Republic (1982) 3 C.L.R. 611, and the judgment in recourses (107/79 and 131/79) Pavlides v. The Republic, delivered on 5th April 1984).
For all the foregoing reasons the present recourse is dismissed.
As the applicant, even though he has no adequate legal knowledge, has chosen to appear without counsel I will not order him to pay the costs of the present case.
Recourse dismissed.
No order as to costs.