The European Court of Human Rights condemned Cyprus on Thursday for “various failures” and “prejudicial gender stereotypes” in its handling of a 2019 alleged gang-rape of a British woman.
Michael Polak, the victim’s lawyer, told AFP in a statement that the EHCR’s judgement was “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,” Polak said.
The woman, aged 18 at the time, claimed she was raped by up to 12 Israeli tourists in a hotel room in the Cyprus resort of Ayia Napa on July 17, 2019, before being charged herself after signing a retraction statement 10 days later.
After spending a month in prison, she was released on bail in August but ordered to stay in Cyprus until her trial ended.
She maintained that she was raped but forced to retract her statement under pressure from Cypriot police after seven hours of questioning alone and without legal representation.
The accused Israelis, then aged 15 to 18, were released without charge, allowed to return home and not called as witnesses.
Significant shortcomings
The court said the handling of the case was marked by “re-victimisation” where the woman was “assessed through prejudicial gender stereotypes and victim-blaming attitudes”.
There were “significant shortcomings”, the Strasbourg-based court said, noting that the 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”.
The court said that the authorities had failed to examine whether the woman had consented, and that there had been omissions in her forensic medical examiner’s assessment.
In light of the “various failures”, the court said Cyprus had violated articles 3 and 8 of the European Convention on Human Rights, which specify the right to freedom from inhuman or degrading treatment, and the right to private life.
The court “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”, the judgement said.
Cyprus was ordered to pay 20,000 euros in damages to the woman, as well as 5,000 euros for costs and expenses, though the court did not comment on the suspects’ guilt.
“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,” said Polak, the woman’s lawyer.
“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: AFP
