Audit report on Judicial Service: Missing books, questionable contracts, legal aid concentration

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The Audit Office has identified significant shortcomings in the country’s Judicial Service, including poor management controls, administrative deficiencies and long-standing problems, according to a report released on Tuesday.

The audit findings reveal serious issues including the disappearance of over 2,000 books from the Supreme Court library, questionable contract renewals, concentrated legal aid assignments, and costly energy inefficiency in court buildings.

Among the most significant findings, auditors highlighted that a former Supreme Court President received contract renewals for clearing backlogged cases “despite having no substantial work to perform”.

The initial agreement signed in 2022 provided an annual compensation of €42,000 and was renewed in 2023 under the same terms, despite the individual’s acknowledgment that their primary work would be completed by June 2023.

The report states that although the former president reported in November 2023 that “there was no substantial work left to perform”, the Supreme Court renewed the contract again until June 2024.

Auditors found that judges’ vacation leave is not properly documented, yet the maximum allowable accumulated leave is automatically credited to them upon retirement. The report also noted non-compliance with Public Service Regulations regarding sick leave for judges.

The audit revealed poor energy efficiency in Supreme Court buildings, resulting in electricity costs of €389,769 for 2023. Delays in issuing court decisions have led to European Court of Human Rights (ECHR) judgments against Cyprus, resulting in financial penalties.

Property management issues include the disappearance of 2,206 books from the Supreme Court library. A 2017 physical count initially identified 2,062 missing books, while a subsequent count in 2023 showed 2,206 books could not be located despite search efforts. Approval for their write-off was requested from the Treasury on April 10, 2024.

The report also identified problems with legal aid administration, noting that procedures lack clear penalties for false declarations and do not require applicants to document their financial situation. Delays in expense submissions and payments to legal aid lawyers were also observed.

In Limassol District Court, eight lawyers—four from the same family—handled 67% of approved legal aid cases in 2022. The audit also uncovered instances of client solicitation in Nicosia District Court detention facilities, with two lawyers securing 24% of all approved legal aid cases by November 2023.

Other issues include lawyers whose earnings from legal aid exceeded the €15,600 VAT registration threshold but who remained unregistered for VAT purposes.

The report identified operational issues including improper updating of the Arrest Warrants Registry, inadequate monitoring of guardianship orders, and delays in issuing 285 maintenance orders at Limassol District Court since 2011, preventing beneficiaries from collecting approximately €145,145 in entitled payments.

Auditors also noted the provision of free dedicated parking spaces within court premises to members of the Bar Association, the construction of which incurred significant costs to the state.

Auditor General Andreas Papaconstantinou stated that the findings highlight significant room for improvement in the efficiency and good governance of the Judicial Service, with some issues persisting for years.

While acknowledging the heavy workload facing the Judicial Service under unfavourable facilities, he emphasised the importance of strengthening internal control mechanisms and implementing corrective measures to ensure more effective administrative functioning.

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