The European Court of Human Rights (ECHR) has issued a verdict condemning the Cypriot authorities for their failure to effectively investigate rape allegations made by a British woman during her visit to Ayia Napa in July 2019. The court found that the investigation was marred by procedural failings and biases that violated her rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, particularly Article 3 against torture and degrading treatment, and Article 8, which upholds the right to privacy.
The British victim, only 18 years old at the time, had alleged rape by approximately 12 men. The ECHR identified several significant failings in the Cypriot investigation including inadequate translation of her rebuttal statement, absence of legal aid during her questioning by the police, neglect to consider DNA evidence, and overlooking testimonies of key witnesses present the night of the incident. Furthermore, her personal data was transferred to the Attorney’s Office without consent, leading to her being charged with “public mischief” for fabricating the allegations. Her conviction was later overturned by the Supreme Court of Cyprus in 2022.
In its ruling, the ECHR awarded the victim €20,000 in non-pecuniary damages and €5,000 in legal costs. This decision underscores the Cypriot authorities’ shortcomings in meeting their obligation to protect rights and investigate gender-based violence allegations without bias. The legal group Justice Abroad, which supported the victim, had applied to the European rights court after Cypriot authorities refused to reopen her case.
Michael Polak, representing the victim, remarked that the court’s conclusion reaffirms the critical need for unbiased and comprehensive investigations into sexual violence allegations. He emphasized that institutional obstructions must not obstruct justice, as echoed in his statements shared on social media.
This ruling sheds light on persistent gender biases, posing a threat to the integrity of the criminal justice system and the rights of victims of gender-based violence. The court’s decision is now a pivotal reference point for how subsequent international human rights. The full details on the verdict can be accessed through the JURIST.