Court Challenge Launched as to Legality of Arrest Warrant Issued against British Woman Arrested and Charged for Describing Mandria Mayor as Useless

JUSTICE ABROAD

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Press Statement

Justice Abroad is assisting a British mother, Kaela Charalampous, who lives in the Cypriot village of Mandria and was arrested in front of her young child after describing the elected mayor of Mandria village, Mr Kypros Michaelides, as ‘useless’ in a comment under a Facebook post regarding works being carried out in the village.  Justice Abroad is working with top Cypriot human rights law firm Nicoletta Charalambidou LLC Advocates in this matter.

On 31 May 2021 an application for leave to apply for a certiorari was launched to challenge the legality of the arrest warrant which was issued by Pafos District Court on 16 April 2021 at 7.40pm on an application by Pafos Police. Within this warrant it is said that because of the Facebook comment made by Mrs Charalampous regarding the Mayor of Mandria, Kypros Michaelides, there were ‘reasonable suspicions’ that she had committed a number of named offences. Mrs Charalampous commented on a Facebook post discussing the performance of the elected Mayor with the following comment:

He will not get another term. He never should have gotten this one. I’m glad its not just the Cypriot community that know how USELESS he is!!”X

The Supreme Court granted leave to apply for cnext hearing in this case will take place on 16 June 2021.

Following the arrest and charging of Mrs Charalampous written submissions were made to the Attorney General of Cyprus George Savvides and to Cypriot Justice Minister Emily Yiolitis on Sunday 25 April 2021 requesting that they immediately confirm that the charges against Ms Charalampous would be dropped, that she would be given a public apology for the unlawful actions taken against her by the Court and Police, and that she would not be subject to any repercussions from the authorities for her lawful actions.  Despite charges being dropped on 27 April 2021 no apology has been forthcoming.

Given that Cyprus is a monist country, where international treaties such as the European Convention on Human Rights apply directly within the domestic legal system, Cypriot criminal offences need to be interpreted so as to comply with individual’s Convention rights such as their Article 10 right to freedom of expression.  Expression which concerns elected officials is especially protected within the European Court of Human Rights’ case law with the Court previous holding that ‘freedom of political debate is at the very core of the concept of a democratic society which prevails throughout the Convention’ (Lingens v. Austria, 1986)

Justice Abroad Michael Polak stated the following:

It is very worrying that a Court and the Police did not realise that the allegations made against Mrs Charalampous do not divulge any criminal offences when her Convention right to freedom of expression is taken into account.

The issuing of arrest warrants against an individual on the request of a powerful local politician for comments which are clearly political discussion has the potential to have a chilling effect on freedom of expression of people living in Cyprus. They need to have confidence that they have the right to discuss their elected representatives and will not be subject to oppressive acts like being arrested and charged for doing so.

Mrs Charalampous was arrested in front of her young child who is now afraid of the Police. A reasonable request for an apology was made, yet the authorities could not find it within themselves to offer one, despite the terrible treatment of Mrs Charalampous.

The timing of the warrant in the evening raises questions as to whether the Mandria Mayor was given special priority treatment by the Police and privileged access to the Courts.  One questions whether an ordinary citizen, making the same baseless thin-skinned complaint, would have received the same service from these public bodies.

Notes to Editors

Justice Abroad, www.justiceabroad.co.uk has been set up to help those trying to find their way through foreign justice systems with all the associated hurdles that presents, to represent those facing gross breaches of their human rights no matter where this takes place, and to advise and assist the victims of crimes as to how to achieve justice.

Justice Abroad, run by International lawyer Michael Polak, has assembled a team of top investigators, lawyers, and support staff to provide unparalleled support, advice and guidance, legal, advocacy, and investigatory service for your Justice Abroad issues anywhere in the world.  The Justice Abroad team with their trusted international pool of multilingual experts, their networks, and media contacts and their well-documented determination to leave no stone unturned in the search for the truth and justice for families who have been denied it are here to provide that much needed support for families and individuals in their time of need.