ECHR rules inadequate Cyprus investigation of UK woman’s rape allegations violated rights News
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ECHR rules inadequate Cyprus investigation of UK woman’s rape allegations violated rights

The European Court of Human Rights ruled Thursday that the Cypriot authorities violated the human and privacy rights of a British female victim by failing to conduct a proper investigation into her rape allegations. The court concluded that “certain biases concerning women in Cyprus” prevented the effective protection of women’s rights as victims of gender-based violence.

The court ruled that the Cypriot investigative and prosecutorial authorities “fell short of the State’s positive obligation to apply the relevant criminal provisions in practice through effective investigation and prosecution.” The deficiencies included the flawed translation of her rebuttal statement, the lack of legal representation during her detention, the failure to use DNA evidence linking three men to the crime, and the exclusion of witnesses who saw her on the night of the incident.

Not only had the ineffective investigation led to the conclusion that the victim’s rape allegations were “unsubstantiated,” but the Cypriot investigative authorities had further transferred her personal data without consent to the Attorney’s Office, to charge her with the offence of “public mischief” by making up the allegations.

The failure to conduct a proper investigation violates Articles 3 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Article 3 of the Convention states that no individual shall be subjected to torture, treatment or punishment that is inhumane or degrading. Article 8 enshrines everyone’s right to private and family life, that public authorities can not interfere unless such interference is legally justified and deemed necessary for compelling reasons such as national security, public safety, etc.

The court also concluded that the specific prejudices against women in Cyprus highlighted in the case had impeded the effective protection of the applicant’s rights as a victim of gender-based violence and, if left unchanged, risked creating a climate of impunity that undermined victims’ confidence in the criminal justice system.

The court awarded the woman €20,000 in non-pecuniary damages and €5,000 in costs to be paid within three months.

Michael Polak, the representative of the victim, stated that the ruling is significant as it “reinforces the fundamental principle that allegations of sexual violence must be investigated thoroughly and fairly, without institutional obstruction.”

The British victim was raped by approximately 12 men, at the age of 18, when visiting Ayia Napa in Cyprus in July 2019. The woman told local police about the rape the next day but ten days later retracted the allegation after hours of police questioning without a legal representative, claiming it was made under pressure. She received a suspended sentence for the conviction of “public mischief,” which was later overturned by the Supreme Court of Cyprus in 2022. At the same time, the alleged perpetrators, aged 18 to 20, were acquitted.

The woman, represented by the legal group Justice Abroad, attempted to reopen her case in Cypriot domestic court,  claiming that the incident in Cyprus violated her dignity and human rights. After the Cypriot authorities refused to reopen the case, the organization applied to the European rights court.

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