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Authorities “failed” a British woman who alleged she was gang raped by Israeli tourists in Cyprus, the European Court of Human Rights has ruled.
The woman, who was 18 at the time of the alleged attack and is identified in court documents as “X”, reported being raped by up to 12 Israeli youths in a hotel room in July 2019 in the holiday resort of Ayia Napa.
However, after hours of police interrogation without legal representation, she retracted her statement – which she later said she had done under duress. She was charged with “public mischief” and handed a suspended jail sentence.
In its ruling on Thursday, the ECHR agreed with “X” that Cyprus had failed in its legal duty to effectively investigate and prosecute her allegations.
In the judgement handed down, the court said: “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.”
After her retraction, the youths were released from detention and returned home without facing further legal action. Some said they had had consensual sex with “X” but all denied rape.
In January 2022, Cyprus’s Supreme Court overturned the woman’s conviction, upholding her assertion that she had retracted her allegation under pressure, casting a harsh light on Cypriot practices in investigating sexual abuse.
Despite that ruling, Cyprus’s attorney-general declined to reopen an investigation into her original complaint, her lawyers said.
The case has drawn fierce condemnation from women’s rights campaigners around the world, who argue the woman has been treated like the perpetrator rather than the victim.
The woman has now been awarded €20,000 in damages and €5,000 in costs by the ECHR.
The court found Cypriot authorities breached article 3 – which states that no one shall be subjected to torture or to inhuman or degrading treatment or punishment – and 8 – the right to respect for one’s private and family life – of the European Convention on Human Rights.
It also said attached “particular importance to the failure of the authorities in their central task of examining whether there had been consent”.
The ECHR concluded: “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.”
It continued: “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.”
Justice Abroad, which has represented the woman throughout the legal process, described the ruling as a “landmark decision for victims of sexual violence” and called for Cyprus’s attorney-general to reconsider his decision and order an independent investigation.
Its director Michael Polak told The Independent: 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.”
Source: independent.co.uk
