In a recent landmark decision, the European Court of Human Rights (ECHR) criticized Cyprus for not adequately investigating claims by a British teenager that she was gang-raped by a group of Israelis during her vacation in 2019. This ruling highlights deficiencies in the actions taken by Cypriot authorities in handling the case.
The ECHR underscored the authorities’ failure to establish whether the young woman, who was 18 at the time, had consented to sexual acts with the accused individuals. She had informed authorities that she had declined proposals to engage in sex with multiple partners. Despite her refusal, the suspects reportedly entered her hotel room and ignored her requests to leave. Investigators also did not determine if the woman had consented to sex with her Israeli friend present at the scene, with some suspects justifying their assumptions based on her prior behavior.
The court found significant flaws in the investigation, particularly regarding the woman’s capacity to consent, as she had consumed alcohol, and traces of cocaine were identified in her urine. Furthermore, the police seemingly accepted the suspects’ denials of rape at face value, failing to explore allegations that her Israeli partner indicated he would arrange for friends to have sex with her.
Additional investigative errors were noted, including a limited search for physical evidence like fingerprints in the hotel room and inadequate efforts to identify potential suspects or witnesses. The court remarked that the case highlighted biases against women in Cyprus that hinder effective protection for victims of gender-based violence and risk fostering a climate of impunity.
The case received widespread attention when all 12 suspects were freed after the woman recanted her rape allegations. Consequently, the Cyprus attorney-general chose not to press charges, and the woman faced a conviction for public mischief, receiving a four-month suspended jail sentence. A lower court adjudged her statements as untruthful and deceptive, noting that she confessed to lying out of “shame” after learning that her consensual encounter with her boyfriend was recorded by some Israelis on their phones.
In 2022, the Cyprus Supreme Court nullified the woman’s conviction, citing a lack of legal representation during repeated police interrogations and the lower court’s misinterpretation of evidence, which biased proceedings against her. The ECHR ruling acknowledged that the woman’s repeated, prolonged questioning may have pressured her into retracting her allegations. As a result, the court awarded her 20,000 euros in damages and another 5,000 euros for legal expenses.
Michael Polak, Director of Justice Abroad and the woman’s representative, praised the ECHR’s ruling as a “landmark decision for victims of sexual violence.” He stressed the ruling’s significance in emphasizing the need for thorough and impartial investigations of sexual violence claims, free of institutional barriers.
