The Administrative Court has rejected an application by Paphos Mayor Phedon Phedonos to suspend the Interior Minister’s decision placing him on leave from his duties as mayor of Paphos while a police rape investigation is ongoing.
Phedonos filed a recourse seeking to annul the minister’s decision, which was published in the Official Gazette of the Republic on 5 February 2026 and placed him on leave from that date. He also submitted a unilateral application requesting an interim order to suspend the implementation of the decision until the recourse is fully heard or until a further court order.
According to the ruling issued by Administrative Court judge Elena Michael, the facts relevant to the application are as follows: Phedonos was serving as mayor of Paphos. The Interior Minister wrote to police, on an unspecified date, requesting information on whether any investigation was under way concerning him. Police replied that a complaint for rape was being investigated against him under Article 144 of the Criminal Code. On 4 February 2026, the minister announced that, based on the police briefing, he would proceed to place Phedonos on leave from the following day.
On 5 February 2026, a notice was published in the Official Gazette stating that Phedon Phedonos, Mayor of Paphos, was automatically placed on leave from the date of publication pursuant to Article 113(1) of the Municipalities Law, as an offence specified under that article was being investigated against him by prosecuting authorities.
In his application, Phedonos argued that the decision was manifestly unlawful because he was not granted a prior hearing as provided under Article 43(1) of the General Principles of Administrative Law and Article 146 of the Constitution. He further claimed that the minister misinterpreted Article 113 of the Municipalities Law by acting under a binding power rather than exercising discretion, and that both the decision and the law itself violate constitutional provisions and the European Convention on Human Rights.
The court found that police are investigating a possible offence of rape, which is expressly defined in Article 144 of the Criminal Code as a felony punishable, upon conviction, by life imprisonment. Under the law, when such a felony is being investigated against a mayor, the individual is automatically placed on leave from the date the minister’s notice is published.
The judge noted that although Phedonos acknowledged in his sworn statement that the term “automatically” means ipso jure — that is, taking effect immediately upon the occurrence of another event — he maintained that the minister should first have assessed the circumstances before deciding whether to proceed. The court held that the wording of Article 113 is clear: once prosecuting authorities investigate a felony carrying a potential sentence of three years’ imprisonment or more, the mayor is automatically placed on leave from the date of publication.
The question of whether the minister had discretion not to publish the notice was deemed irrelevant for the purposes of the interim application, since the act whose suspension was sought was the implementation of the notice, which by law takes automatic effect. Even if discretion existed, the court held that alleged improper exercise of discretion does not fall within the definition of manifest unlawfulness required for an interim order.
The court also rejected arguments concerning alleged violations of administrative law principles and constitutionality at this stage, stating that such matters must be examined during the full hearing of the recourse and cannot be determined in interim proceedings. The judge concluded that the requirement of manifest unlawfulness had not been satisfied.
Phedonos further argued that he suffered irreparable harm as a result of his removal from office, claiming he was deprived of the ability to implement his political programme, represent the citizens of Paphos and maintain public trust, and that he was effectively neutralised as a political opponent.
The judge responded that the condition of irreparable harm is closely linked to the public interest, which prevails even where such harm is alleged. In this case, the public interest requires that holders of public office demonstrate respect for the law. The police investigation concerns an extremely serious matter, and allowing Phedon Phedonos to continue exercising public duties while the investigation is pending would run counter to the public interest, the court found.
For these reasons, the court dismissed the interim application.
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