In a highly anticipated judgment, the European Court of Human Rights (ECtHR) found that Cyprus failed to conduct an effective investigation into a rape allegation, violating Article 3 (prohibition of inhuman or degrading treatment) and Article 8 (right to respect for private and family life). As a result, the Court awarded non-pecuniary damages and costs to the Applicant.

The case concerned the investigation into the alleged gang rape of a young British woman (X) in Ayia Napa, Cyprus, in July 2019. Following her allegations, X was subjected to prolonged police questioning and ultimately retracted her complaint. She was then prosecuted for public mischief and convicted at first instance, though her conviction was later overturned on appeal. The Supreme Court of Cyprus identified multiple failures in the investigation of her initial rape allegations.

The ECtHR found that Cyprus had failed to conduct an effective investigation, citing deficiencies such as undue reliance on X’s retraction, failure to pursue key forensic and witness evidence, and the authorities’ reliance on gender stereotypes and victim-blaming attitudes in assessing her credibility.

Key Findings:

• Investigative authorities prematurely closed the case after X’s retraction, without assessing the conditions under which it was made.
• The authorities failed to properly evaluate the issue of consent, disregarding evidence such as X’s intoxication and statements indicating coercion.
• Gender bias influenced the investigation, as X’s prior sexual conduct and personal freedom were used to undermine her credibility.
• The authorities’ approach resulted in the re-victimization of X, further exacerbated by inadequate psychological support.

Significance:

This judgment underscores the obligation of states to conduct prompt, impartial, and thorough investigations into allegations of sexual violence, free from gender bias and prejudicial assumptions. It also reinforces the need for a victim-sensitive approach in such cases. If appropriate measures are adopted, the ruling could drive significant policy changes to enhance victim protection and improve investigative procedures related to allegations of sexual violence.

At Economou & Co LLC, we are committed to protecting fundamental rights and freedoms through strategic legal advocacy and expert representation. Our extensive experience in human rights law enables us to support individuals facing violations, ensuring access to justice and holding authorities accountable.