Cyprus - Central Authority (Art. 2) and practical information
Ministry of Justice and Public Order
|Address:||Ministry of Justice and Public Order
125 Athalassas Avenue
|Telephone:||+357 (22) 805 951|
|Fax:||+357 (22) 518 356|
|Languages spoken by staff:||Greek, English, French|
(The following information was provided by the relevant State authorities or was obtained from the replies to the Evidence Convention Questionnaires)
(Letters of Requests)
|Transmission of Letters of Requests:||Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.
Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.
|Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):||Judicial authority competent to execute the request.|
|Presence of judicial personnel at the execution of the Letter of Request (Art. 8):||Presence of judicial personnel at the execution of the Letter of Request (Art. 8): The Republic of Cyprus declares that members of the judicial personnel of the requesting authority may be present at the execution of a Letter of Request.|
|Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):||No declaration.
|Translation requirements (Arts 4(2) and 33):||The Republic of Cyprus will not accept a Letter of Request in French.
|Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):||The costs incurred under Art. 14(2) tend to be reimbursed by the requesting State. These vary depending on the nature and complexity of the testimony, the degree of difficulty of the language to be translated, the length of the examination and the set fees of the expert or translator (if not a Court translator) in question.
The Art. 14(3) procedure is not followed by the competent authorities in Cyprus.
Furthermore, no costs arise in relation to Art. 26.
|Time for execution:||Usually 3 - 5 months|
|Art 23 pre-trial discovery of documents:||Qualified exclusion. See declarations.|
|Information about domestic rules on the taking of evidence:||Illegally adduced evidence cannot be relied upon by the Court.
Witness examination under Chapter I
|Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?||Letters of request should preferably include specific questions.|
|Is it a public or private hearing?||Private hearing|
|Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?||This is at the Judge's discretion.|
|Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?||The witness is usually provided with general information as to the matter to be addressed and is requested to have any relevant documents at the Court's disposal.
Depending on the complexity of the case/ testimony, however, the witness might be provided with the specific questions in advance.
|Are documents produced by the witness authenticated by the court?||Yes|
|Is an oath generally administered to the witness?||Yes|
|Can the witness be made subject to further examination and recall?||Yes|
|Are there sanctions for non-appearance of witness?||No|
|Must interpreters who assist with the witness examination be court-certified?||Yes|
|How is the testimony transcribed?||It is transcribed by a stenographer / shorthand typist.|
(Taking of evidence by diplomatic officers, consular agents and commissioners)
|Article 18||Applicable (subject to reciprocity)|
(This page was last updated on 28 July 2014)