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Supreme Court cancels Nicosia District Court orders for biometric data collection

On April 3, 2026, the Supreme Court of Cyprus issued a ruling overturning two orders previously granted by the Nicosia District Court on July 10 and 11, 2025. These original orders authorized the collection of buccal swabs and fingerprints from three suspects held in lawful detention regarding serious criminal investigations. The District Court had justified the measures by citing a necessity to compare evidence found on items seized from the suspects. However, the Supreme Court determined that Article 25 of the Police Law (N. 73(I)/2004) under which the orders were issued is incompatible with Directive (EU) 2016/680 and the EU Charter of Fundamental Rights. Specifically, the Supreme Court noted that the national law failed to mandate the necessary justification for such intrusive measures. The suspects argued that Article 25 violated Articles 8 and 10 of the EU Directive and Article 52 of the Charter of Fundamental Rights. While the District Court claimed the investigative objective could not be achieved through less restrictive means, the Supreme Court concluded that such reasoning was not formally required by the current national legal framework.

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