(1988)1988April30 (A.LOIZOU.P.) INTHE MATTEROFANAPPLICATION BYANTONIS CHAMBIFANIEROS, Applicant, AND INTHE MATTER OFDIRECTOROFPRISONS, Respondent (ApplicationNo. 65/88). Sentence—Remission of—Part ofsentence remitted by President of the Republic underArt.53.4 oftheConstitution—How insuchacasethe remission under Reg. 92 of thePrisons(General)Regulations 1982 should becalculated. The applicant was sentenced to 4 years' imprisonment as from 25.3.85.On3.3.88thePresidentoftheRepublicremittedunderArt. 53.4 of the Constitution the one fifth of thesentence of the convicts servinga term of imprisonment. 5 The Prison Authorities deducted the one fifth of the 4years ofthe said sentence and on the remainder they applied Reg. 92 of the 10 Prisons (General) Regulations 1982, reducing further the sentence byone third ofsuch remainder. The applicant disagreed with such method and, as a result, filed thisapplication, contending thathissentence endecjon 5.2.88. Held, dismissing the application:Asgood conduct isa necessary 15 prerequisite for the remission under Regulation 92, the said Regulation cannot operateontheremission grantedbythePresident as it is not a period to be served and consequently there is no opportunity for the prisoner to exhibit good conduct and industry and thusearn remission ofthatperiod too. 20 Application dismissed. No orderasto costs. 276 1C.LR. Inre Fanleros Casesreferredto: Triftaridesv. Republic
(1985)1 C.L.R.514andonappeal
(1985)1 C.L.R.569. Application. 5 Application byAntonisChambi Fanierosforanorderof habeas corpus ad subjiciendum on the ground that his detention at the Central Prisonsis unlawful. L.ClerideswithE.Efstathiou andN.Clerides,forthe applicant. 10 M. Kyprianou, Senior Counsel of the Republic, for the respondent. Cur.adv. vult. A.LOIZOUP.readthefollowingjudgment.Theapplicantseeks anorderforhabeascorpusadsubjiciendum ontheground thathis dentention atthe Central Prisons inNicosia is unlawful. 15 Theapplicantwassentenced bytheAssizeCourtofLamaca, on *the 5th June 1986 to five years' imprisonment for having committed various offences contrary to the Criminal Code. In accordance with the order of the Court his imprisonment was to start as from the 25th March, 1985, when he was remanded in 20 custody. On appeal, however, the said sentence was reduced to four years' imprisonment. On the 3rd March, 1988, the President on the occasion of his assumption of his.office and exercising the powers vested in him under Article 53
(4)of the Constitution and the· unanimous 25 recommendation of the Attorney - General of the Republic, reduced the sentence of the convicts serving a term of imprisonment, except ofthosewhohad thebenefit of a reduction oftheirsentence on previous occasions.Forthecalculation ofthe date of release from prison of theapplicant, theprison authorities 30 followed the following method, having in mind, as stated in the affidavit swom by the appropriate prisons officer and filed in support of the opposition, the Law, the Regulations and the judgment inthe case of Ioannis Triftaridesv. TheRepublic
(1985)3 C.L.R.569. 35 «(a)There was deducted from the four years' imprisonment the one fifth ofthesentence,thatisninemonthsand eighteen days and so it was reduced to three years two months and twelve days. 277 A. Lolzou P. In re Fanieros
(1988)(b) On the basis of the three years two months, twelve days there was applied Regulation 92 of the Prisons (General) Regulations 1982 and reduced further the sentence of the applicant by one year and twenty-four days.» On that basis as tabulated in the affidavit which I need not reproduce here, the date of release of the applicant is the 12th May, 1988. 5 Ithas been the contention of counsel for the applicant that the one third remission of sentence provided by Regulation 92 for good conduct and industryshould be deducted, not from thefour 10 years sentence that the applicant is serving but after deducting therefrom the one fifth ofthesentence according tothe remission given bythePresident whichisninemonthsandeighteendays.So on the basisof that calculation theapplicant itwasurged ought to have been released onthe5th February, 1988.Whattheapplicant 15 really wants is that the one third under Regulation 92 should be deducted from thesentenceaftersameisreducedbytheremission granted bythe President of the Republic. Inthecase ofIoannis Triftarides(supra)theFullBenchsittingon appeal from a judgment of the then President of this Court 20 reported under the same name in
(1985)1C.L.R. 514,thisCourt affirmed thefirstinstancejudgmentandtooktheviewthatasgood conduct isa necessary prerequisite for the remission, inthat case under Regulation 94, in our case under Regulation 92, the said Regulation cannot operate on the remission granted by the 25 President asitisnota period tobeservedand consequently there is no opportunity for the prisoner to exhibit good conduct and industry and thus earn remission of thatperiod too. That approach of the Full Bench is equally applicable to the facts and circumstances of the present case. 30 On the basisoftheabove andbeingsatisfied thatthemethodof calculation of the appropriate authorities isthe proper one under the law and the Regulations, this application is dismissed, but in the circumstances there willbeno order asto costs. Application dismissed. No order astocosts. 278 35