Supreme Court Overturns Teenagers Conviction in Cyprus Rape Case
JUSTICE ABROAD
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Supreme Court Overturns Teenagers Conviction in Cyprus Rape Case
Justice Abroad has been assisting the young British woman and her family in their pursuit of justice.
Today, 31 January 2022, the Supreme Court of Cyprus in Nicosia has allowed the appeal and has overturned the conviction of our client for public nuisance. This follows the submission of a detailed 154-page written skeleton argument by the defence team co-ordinated by Justice Abroad which was expanded upon in oral argument on 16 September 2021.
The team assembled by Justice Abroad comprised of Lewis Power QC, a top barrister from Church Court Chambers at the English Bar of the senior rank of Queen’s Counsel, Cypriot lawyer Nicoletta Charalambidou, an experienced human rights advocate, and Ritsa Pekri, a criminal law expert.
Justice Abroad’s Michael Polak who co-ordinated the appeal against the teenager’s conviction states the following:
This is a watershed moment, not just for our client who has always maintained her innocence even when doing so caused her the hardship of not being able to return home during the lengthy trial proceedings, but also for others around the world in similar positions.
We have always maintained that our client was not given a fair trial and today the Supreme Court of Cyprus has agreed with us. Important fair trial provisions, which are in place to prevent miscarriages of justice, were totally disregarded in this case and a young and vulnerable woman was not only mistreated when she reported the rape to the Police but then she was just put through a trial process that was manifestly unfair as the Supreme Court has recognised.
During the trial proceedings our client was shouted at and treated with contempt, as were our brave Cypriot female lawyers who continued to attempt to put forward evidence which supported our client’s case that a rape took place even when the Court continued to refuse to consider such evidence, with the Judge shouting ‘this is not a rape case’ at least 7 times during the proceedings.
It became clear to those watching that the defence were fighting these proceedings with one hand tied behind our back and that a decision had been made as to guilt from the start of the trial process before all the evidence was called resulting in the prosecution not even having to call any evidence as to what took place.
As well as this pre-determination of guilt, expert evidence from clinically psychologist Dr Christine Tizzard, Forensic Linguist Dr Andrea Nini, and forensic pathologist Dr Mario Matsakis, all leaders in their fields, was wholly ignored. Further, the Court failed to take into account the wholesale investigative failures of the Police in this case which included TV crews being able to access then crime scene the following day where they found relevant evidence which had not been collected by the Police, a failure to download data from suspects’ phones, and the detention of suspects together rather than separately.
We are pleased that our team has managed to secure this result against the odds and believe that the next step for justice to be done in this case is a full review and investigation by a different Police force of the rape complaint put forward by our client.
We hope that vital safeguards to ensure that something like this does not happen again in Cyprus, such as the recording or all interviews in Police stations, which has been discussed in the Cyprus Parliament, are put in place as soon as possible.
We would like to thank the High Commission for their support.
Finally, the family would like to thank all their supporter from the United Kingdom, Israel, and across the world. You have been their light during this terrible time in their lives. They thank you for your support in their fight for justice.
Lewis Power QC has stated the following:
It is with great joy that we learn that this young woman has at last received the justice she so rightly deserved, that which had been thus far so cruelly and unjustly denied.
We hope that this decision will have far reaching implications in the pursuit of justice for other victims of sexual assault
We commend the Cypriot Supreme Court for having the courage and wisdom to deliver this judgement.
Nicoletta Charalambidou has stated the following:
This is a very important day for women's rights and in particular for victims of rape or other forms of sexual violence in Cyprus. The acquittal by the Supreme Court of the young teenage points to the failure of the authorities to effectively investigate the rape claims she reported. This is what we will now pursue.
The family have stated the following:
It is a great relief we hear that the authorities in Cyprus have recognised the flaws in their legal process. Whilst this decision doesn’t excuse the way she was treated by the police or the judge or those in authority, it does bring with it the hope that my daughters’ suffering will at least bring positive changes in the way that victims of crime are treated.
Of course, if justice is to be done, an authority would need to pick up on the evidence that was gathered in Cyprus and do with it what should have happened at the outset.
Justice Abroad is happy to deal with any enquiries about the case by email Contact@JusticeAbroad.co.uk or phone on +44 (0)203 488 2316
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 help such families with these dilemmas and many more, Michael Polak, a barrister with an international practice focussed on the assistance of foreign nationals in trouble around the world set up Justice Abroad.
Lewis Power QC is a barrister who was called to the Bar of England and Wales in 1990 and achieved the senior rank of Queen’s Counsel (QC) in 2011. He has a strong reputation for fighting difficult cases at trial and advising and advocating in matters with international and cross-jurisdictional elements.
Nicoletta Charalambidou is human rights lawyer with an expertise on European Union law and with a particular interest in victims and suspects rights in criminal procedures and discrimination in the administration of justice. She is also a member to the Legal Experts Advisory Panel of Fair Trials.
Ritsa Pekri is a civil and criminal law lawyer working with Nicoletta Charalambidou LLC with strong experience in criminal cases and those matters involving human rights related issues.