Top court says it can’t review mosque graffiti arrest warrant

The Supreme Court on Tuesday rejected a request to review the order of a search warrant issued in connection with the Episkopi mosque defacement in late March.

On March 25, Greek independence day, a mosque in Episkopi was defaced with ‘patriotic’ graffiti referring to the 1821 revolution and drawings of Greek flags, an action that was called “brainless” by the government.

A search warrant was issued for a house and vehicle in Limassol aiming to find items like blue paint and spray cans, to be used as evidence against the suspect.

The suspect requested a certiorari, meaning a judicial review of a lower court’s decision – in this case the Limassol district court – by the Supreme Court.

The Supreme Court found the warrant could not be reviewed as it appeared to have been issued under the wrong legal basis. It was a narcotics warrant, “which has nothing to do with the specific case”.

In his request, the applicant also argued that the warrant did not include a time frame during which the search would be performed.

The argument was rejected, as the search was performed at 9 am, within the standard timeframe (5am to 8pm) provided by law for search warrants.

“For the above reasons, the court does not consider the case presented strong enough to justify an approval,” Supreme Court judge Katerina Stamatiou concluded.