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EUROPEAN COMMISSION OF HUMAN RIGHTS

FIRST CHAMBER

Application No. 31106/96

Stavros Marangos

against

Cyprus

REPORT OF THE COMMISSION

(adopted on 3 December 1997)

TABLE OF CONTENTS

Page

I. INTRODUCTION

(paras. 1-15) . . . . . . . . . . . . . . . . . . . . . . . . .1

A. The application

(paras. 2-4). . . . . . . . . . . . . . . . . . . . . . .1

B. The proceedings

(paras. 5-10) . . . . . . . . . . . . . . . . . . . . . .1

C. The present Report

(paras. 11-15). . . . . . . . . . . . . . . . . . . . . .2

II. ESTABLISHMENT OF THE FACTS

(paras. 16-17). . . . . . . . . . . . . . . . . . . . . . . . .3

A. The particular circumstances of the case

(para. 16). . . . . . . . . . . . . . . . . . . . . . . .3

B. Relevant domestic law

(para. 17). . . . . . . . . . . . . . . . . . . . . . . .3

III. OPINION OF THE COMMISSION

(paras. 18-24). . . . . . . . . . . . . . . . . . . . . . . . .4

A. Complaint declared admissible

(para. 18). . . . . . . . . . . . . . . . . . . . . . . .4

B. Point at issue

(para. 19). . . . . . . . . . . . . . . . . . . . . . . .4

C. As regards Article 8 of the Convention

(paras. 20-23). . . . . . . . . . . . . . . . . . . . . .4

CONCLUSION

(para. 24). . . . . . . . . . . . . . . . . . . . . . . .4

APPENDIX: DECISION OF THE COMMISSION AS TO THE

ADMISSIBILITY OF THE APPLICATION. . . . . . . . . . . . .5

I. INTRODUCTION

1. The following is an outline of the case as submitted to the

European Commission of Human Rights, and of the procedure before the

Commission.

A. The application

2. The applicant is a Cypriot citizen, born in 1959 and resident in

Strovolos, in Cyprus. He was represented before the Commission by

Mr S. Drakos, an advocate practising in Nicosia.

3. The application is directed against Cyprus. The respondent

Government were represented by their Agent, Mr Alecos Markides, the

Attorney-General of the Republic of Cyprus.

4. The case concerns the continued prohibition of male homosexual

conduct in private between adults in Cyprus. The applicant invokes

Article 8 of the Convention.

B. The proceedings

5. The application was introduced on 11 March 1996 and registered

on 22 April 1996.

6. On 14 October 1996 the Plenary Commission decided, pursuant to

Rule 48 para. 2 (b) of its Rules of Procedure, to give notice of the

application to the respondent Government and to invite the parties to

submit written observations on the admissibility and merits of the

applicant's complaint under Article 8 concerning the prohibition of

male homosexual conduct in private between adults.

7. The Government's observations were submitted on 19 December 1996.

The applicant replied on 17 February 1997.

8. On 20 May 1997 the Plenary Commission declared admissible the

applicant's complaint under Article 8 of the Convention concerning

prohibition of male homosexual conduct in private between adults. It

declared inadmissible the remainder of the application. It also decided

to transfer the case to the First Chamber.

9. The text of the Commission's decision on admissibility was sent

to the parties on 2 June 1997 and they were invited to submit such

further information or observations on the merits as they wished.

10. After declaring the case admissible, the Commission, acting in

accordance with Article 28 para. 1 (b) of the Convention, also placed

itself at the disposal of the parties with a view to securing a

friendly settlement. In the light of the parties' reaction, the

Commission now finds that there is no basis on which such a settlement

can be effected.

C. The present Report

11. The present Report has been drawn up by the Commission (First

Chamber) in pursuance of Article 31 of the Convention and after

deliberations and votes, the following members being present:

Mrs J. LIDDY, President

MM M.P. PELLONPÄÄ

E. BUSUTTIL

A. WEITZEL

C.L. ROZAKIS

L. LOUCAIDES

B. MARXER

B. CONFORTI

N. BRATZA

I. BÉKÉS

G. RESS

A. PERENIC

C. BÎRSAN

K. HERNDL

M. VILA AMIGÓ

Mrs M. HION

Mr R. NICOLINI

12. The text of this Report was adopted on 3 December 1997 by the

Commission and is now transmitted to the Committee of Ministers of the

Council of Europe, in accordance with Article 31 para. 2 of the

Convention.

13. The purpose of the Report, pursuant to Article 31 of the

Convention, is:

(i) to establish the facts, and

(ii) to state an opinion as to whether the facts found disclose

a breach by the State concerned of its obligations under

the Convention.

14. The Commission's decision on the admissibility of the application

is annexed hereto.

15. The full text of the parties' submissions, together with the

documents lodged as exhibits, are held in the archives of the

Commission.

II. ESTABLISHMENT OF THE FACTS

A. The particular circumstances of the case

16. The applicant is a homosexual. He states that he finds it

difficult to live in Cyprus because certain homosexual acts continue

to be a criminal offence.

B. Relevant domestic law

17. The Criminal Code of Cyprus provides as follows:

Section 171

"Any person who -

(a) has carnal knowledge of any person against the order of

nature; or

(b) permits a male person to have carnal knowledge of him

against the order of nature, is guilty of a felony and is

liable to imprisonment for five years."

Section 172

"Any person who with violence commits either of the offences

specified in the last preceding Section is guilty of a felony and

liable to imprisonment for fourteen years."

Section 173

"Any person who attempts to commit either of the offences

specified in Section 171 is guilty of a felony and is liable to

imprisonment for three years, and if the attempt is accompanied

with violence he is liable to imprisonment for seven years."

III. OPINION OF THE COMMISSION

A. Complaint declared admissible

18. The Commission has declared admissible the applicant's complaint

that the criminal prohibition of male homosexual conduct in private

between adults amounts to an unjustified interference with his right

to respect for his private life.

B. Point at issue

19. The only point at issue is whether there has been a violation of

Article 8 (Art. 8) of the Convention.

C. As regards Article 8 (Art. 8) of the Convention

20. Article 8 (Art. 8) of the Convention provides as follows:

"1. Everyone has the right to respect for his private and

family life, his home and his correspondence.

2. There shall be no interference by a public authority with

the exercise of this right except such as is in accordance with

the law and is necessary in a democratic society in the interests

of national security, public safety or the economic well-being

of the country, for the prevention of disorder or crime, for the

protection of health or morals, or for the protection of the

rights and freedoms of others."

21. The respondent Government refer to the Modinos v. Cyprus judgment

of 22 April 1993 (Eur. Court HR, Series A no. 259) and accept that the

continued existence on the statute book of the prohibition of

homosexual conduct in private between adults gives rise to an

interference with the applicant's right to respect for his private life

under Article 8 para. 1 (Art. 8-1) of the Convention, notwithstanding

the fact that the applicant has never been charged and prosecuted under

the relevant provisions of the Criminal Code.

22. The Commission recalls that in its Modinos v. Cyprus judgment of

22 April 1993 the European Court of Human Rights found that the

prohibition of male homosexual conduct in private between adults

continuously and directly affected the private life of the applicant

in that case, who was a homosexual, and gave rise to a violation of

Article 8 (Art. 8) of the Convention.

23. The Commission notes that the applicant is a homosexual and that

male homosexual conduct in private between adults continues to be a

criminal offence in Cyprus. It follows that the same conclusion as in

the Modinos v. Cyprus case must be reached and that the violation of

Article 8 (Art. 8) of the Convention found by the Court continues to

exist.

CONCLUSION

24. The Commission concludes, unanimously, that there has been a

violation of Article 8 (Art. 8) of the Convention.

M.F. BUQUICCHIO J. LIDDY

Secretary President

to the First Chamber of the First Chamber

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MARANGOS v. CYPRUS

MARANGOS v. CYPRUS

LEXI