Justice Abroad Secures Victory in Ayia Napa Rape Case at the European Court of Human Rights
On 27 February 2025, the European Court of Human Rights ruled in favour of the applicant in the Ayia Napa Rape Case, marking a significant victory for victims of sexual violence and their access to justice.
The Application arose following the Attorney General of Cyprus’s decision to refuse to order a new investigation in the Ayia Napa rape case on the basis that this decision breaches the victim’s rights to a fair hearing and a property investigation into the sexual offences committed against her
The Attorney General’s decision comes following the success of our client’s appeal to the Supreme Court of Cyprus where that Court not only set out the many legal failures in the case against her but also covered the procedural failures in the investigation of her rape complaint.
In Cyprus, the Attorney General’s decisions regarding criminal prosecutions are not subject to any appeal or review, leaving victims with no domestic remedies to challenge failures in the investigative process. Furthermore, the restriction on the Applicant’s ability to challenge the Attorney General’s decision in any Court deprived her of judicial safeguards that should have been available to her under the law.
The European Court of Human Rights determined that this lack of recourse violated the Applicant’s rights under Articles 3 and 8 of the Convention. The Court ruled that the inadequacy of the investigation amounted to a failure by Cyprus to meet its obligations to properly investigate and prosecute sexual offences.
Justice Abroad Director Michael Polak stated:
“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.”
Justice Abroad would like to thank the expert witnesses who provided evidence in the European Court of Human Rights application, Dr Catherine White, from the University of Manchester, Ex-Police Detective David Gee MBE as well as the legal team of Lewis Power KC, Nicoletta Charalambidou, and Ritsa Pekri.
Lewis Power KC stated:
“This young girl’s basic human rights were stripped off her and she was let down by a flawed and archaic investigative system. She has courageously and relentlessly fought for justice for both herself and for the rights of all women across the globe. This final landmark decision by the European courts vindicates her completely and allows both her and other women to regain trust in the rule of law and in the condemnation of wicked”.
Nicoletta Charalambidou stated:
“This is a big win and important decision not only for the applicant but for all victims of rape whose credibility is very often questioned by a system built on patriarchy and discrimination against women and girls.”
Justice Abroad can be contacted for comment on the decision of the European Court of Human Rights by email or telephone (contact@justiceabroad.co.uk ; +44 (0)203 488 2316)