Supreme court reviews order for biological sample collection from detainee

On September 7, 2026, Judge Charis Malachtos of the Supreme Court of Cyprus granted permission to file an application for a Certiorari order to challenge a decision by the Larnaca District Court. The case involves an order issued on July 20, 2026, which mandated a detainee to consent to the collection of saliva or blood samples for genetic testing. The detainee, who is under investigation for the possession and supply of controlled substances, argues that the lower court exceeded its legal authority under Article 25 of the Police Law by forcing him to provide consent for the procedure.

The Supreme Court identified an arguable case regarding whether the District Court had the power to order an individual to actively consent to such a medical intervention. The ruling highlights concerns regarding the principles of necessity and proportionality, particularly noting that while blood was not found among the investigation's exhibits, some items contained mixed genetic material. The legal proceedings will now continue to determine if the original order to obtain biological evidence from the detainee remains valid or should be annulled.