Cyprus authorities ‘failed’ to properly investigate gang rape case, court finds
The European Court of Human Rights was considering the case of a British woman who claimed she was raped by a group of Israeli men in 2019.
Cypriot authorities “failed” to properly investigate the case of a British woman who had her conviction for lying about being gang raped overturned, a court has found.
The woman, who was 18 at the time of the alleged incident, told Cypriot police she had been raped by several Israeli men in Ayia Napa in July 2019.
Ten days after the incident the woman was questioned again, with only two short breaks over six hours and no lawyer or welfare services present.
At 1.15am she signed a retraction and was arrested for committing public mischief.
Now, the European Court of Human Rights (ECHR) has found that Cypriot authorities “failed” to properly investigate the woman’s claims.
In a judgment published on Thursday, the court said: “The court has found that the Cypriot authorities failed in their obligation to effectively investigate the applicant’s complaint of rape and to adopt a victim‑sensitive approach when doing so.
“Accordingly, the court is satisfied that the applicant must be regarded as having suffered anguish and distress because of the authorities’ failure to effectively investigate her complaint.”
The ECHR ordered Cyprus to pay the woman 20,000 euros (£16,500) in damages and 5,000 euros (£4,125) in costs and expenses.
The court unanimously found that Cypriot authorities breached article 3 – lack of effective investigation – and article 8 – right to respect for private and family life – of the European Convention on Human Rights.
The woman told police she was attacked by up to 12 Israeli tourists in a hotel room while on holiday in the party town of Ayia Napa on July 17 2019.
The woman was charged with causing public mischief after signing a retraction statement but has since maintained she felt pressured to withdraw the allegations due to the long and repeated interviews.
In January 2020, the district court of Famagusta sentenced the woman, known as X, to four months’ imprisonment, suspended for four years.
The supreme court overturned that conviction on January 31 2022 due to various failures in the investigative process.
The ECHR’s judgment said the chief investigator and counsel for the attorney general failed to engage in any “meaningful examination of the evidence which could signify a lack of consent”.
“The police, and subsequently the investigator, took the suspects’ statements that no rape had taken place at face value despite testimony that (one suspect) had said he would arrange for his friends to have sex with the applicant that certain suspects had crudely expressed their intention to have sex with the applicant on July 17 2019.”
The ECHR added: “In conclusion, the court observes that the present case reveals certain biases concerning women in Cyprus which impeded the effective protection of the applicant’s rights as a victim of gender-based violence and which, if not reversed, run the risk of creating a background of impunity, discouraging victims’ trust in the criminal justice system, despite the existence of a satisfactory legislative framework.
“Having regard to the numerous shortcomings identified above, the court concludes, without expressing an opinion on the suspects’ guilt, that the investigative and prosecutorial authorities’ response to the applicant’s allegations of rape in the present case fell short of the state’s positive obligation to apply the relevant criminal provisions in practice through effective investigation and prosecution.”
Michael Polak, director of Justice Abroad, who represented the woman in court, welcomed the verdict.
In a statement he said: “This is a landmark decision for victims of sexual violence.
“The ruling reinforces the fundamental principle that allegations of sexual violence must be investigated thoroughly and fairly, without institutional obstruction.
“Following our victory in X v Greece, where the court found that Greek authorities had failed to uphold the rights of a rape victim, this case further strengthens the procedural protections for victims of sexual violence in Europe.
“By holding that Cyprus was in breach of the rights of our client, we hope that the court’s decision will cause the attorney general of the Republic of Cyprus to reconsider his decision and order a proper investigation using outside investigators.
“A proper framework for the investigation and prosecution of sexual offences needs to be developed urgently in Cyprus.
“Our client has shown immense resilience in her pursuit of justice, and we hope this outcome will empower others to speak out against such offences and demand accountability from authorities.”
