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DEMOSTHENOUS v. CYPRUS

Doc ref: 23282/94 • ECHR ID: 001-45749

Document date: September 13, 1995

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Cited paragraphs: 0
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DEMOSTHENOUS v. CYPRUS

Doc ref: 23282/94 • ECHR ID: 001-45749

Document date: September 13, 1995

Cited paragraphs only

EUROPEAN COMMISSION OF HUMAN RIGHTS

Application No. 23282/94

Demosthenis Demosthenous

against

Cyprus

REPORT OF THE COMMISSION

(adopted on 13 September 1995)

TABLE OF CONTENTS

Page

INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . 1

PART I : STATEMENT OF THE FACTS. . . . . . . . . . . . . . 3

PART II : SOLUTION REACHED. . . . . . . . . . . . . . . . . 4

INTRODUCTION

1. This Report relates to the application introduced under

Article 25 of the European Convention for the Protection of Human

Rights and Fundamental Freedoms by Demosthenis Demosthenous on

19 January 1994. It was registered on 20 January 1994 under file

No. 23282/94.

The applicant was represented by Mr. Achilleas Demetriades, a

lawyer practising in Nicosia.

The Government of Cyprus were represented by their Agent,

initially Mr. Michael Triantafyllides and then Mr. Alecos Markides,

successively Attorney-General of the Republic of Cyprus.

2. On 16 January 1995 the Commission declared the application

admissible . It then proceeded to carry out its task under Article 28

para. 1 of the Convention which provides as follows:

"In the event of the Commission accepting a petition referred to

it:

a. it shall, with a view to ascertaining the facts, undertake

together with the representatives of the parties an examination

of the petition and, if need be, an investigation, for the

effective conduct of which the States concerned shall furnish all

necessary facilities, after an exchange of views with the

Commission;

b. it shall at the same time place itself at the disposal of

the parties concerned with a view to securing a friendly

settlement of the matter on the basis of respect for Human Rights

as defined in this Convention."

3. The Commission found that the parties had reached a friendly

settlement of the case and on 13 September 1995 it adopted this Report,

which, in accordance with Article 28 para. 2 of the Convention, is

confined to a brief statement of the facts and of the solution reached.

The following members were present when the Report was adopted:

MM. S. TRECHSEL, President

H. DANELIUS

C.L. ROZAKIS

E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

Mrs. G.H. THUNE

Mr. F. MARTINEZ

Mrs. J. LIDDY

MM. J.-C. GEUS

M.P. PELLONPÄÄ

B. MARXER

M.A. NOWICKI

I. CABRAL BARRETO

B. CONFORTI

N. BRATZA

I. BÉKÉS

J. MUCHA

E. KONSTANTINOV

D. SVÁBY

A. PERENIC

C. BÎRSAN

P. LORENZEN

PART I

STATEMENT OF THE FACTS

4. The applicant is a Cypriot citizen, born in 1961 and resident in

Limassol.

5. On 28 July 1992 the applicant was arrested by the police in

connection with a bank robbery. He was released two days later when the

persons who were eventually convicted of the offence were arrested. The

applicant claimed that he had been tortured while in custody and

criminal proceedings were instituted against two senior police

officers. The latter were acquitted on 23 July 1993. The criminal court

nevertheless observed that it was led to the prima facie conclusion

that the applicant at the time of his release bore marks of injuries

caused during his detention.

6. In the light of the judgment, a police inquiry was held which on

21 December 1993 concluded that the applicant's complaints were

unfounded. The case of the applicant is currently under examination by

a Commission of Inquiry set up by the Government on 3 September 1993

with the general mandate to "inquire immediately into the methods used

by the police during the arrest, detention and interrogation of

suspects with particular emphasis on complaints of torture or ill-

treatment". A civil action brought by the applicant against the

Government was dismissed on 21 February 1994 for want of prosecution

on his part.

7. Before the Commission the applicant complained under Articles 3

and 8 of the Convention that during his detention on remand police

officers subjected him to torture and severe ill-treatment, which

seriously impaired his physical integrity.

PART II

SOLUTION REACHED

8. Following the decision on the admissibility of the application,

the Commission placed itself at the disposal of the parties with a view

to securing a friendly settlement in accordance with Article 28

para. 1 (b) of the Convention and invited the parties to submit any

proposals they wished to make.

9. In accordance with the usual practice, the Secretary, acting on

the Commission's instructions, contacted the parties to explore the

possibilities of reaching a friendly settlement.

10. The parties indicated their willingness, in principle, to reach

a friendly settlement.

11. By letter dated 24 July 1995 the Government indicated that they

were prepared to pay the applicant compensation of 35.000 Cypriot

pounds (approximately 385.000 FF), including medical expenses and the

costs of the proceedings before the Commission, within 30 days from the

communication to them of the applicant's reply, in full and final

settlement of the matter. On 17 August 1995 the applicant accepted

the Government's offer.

12. At its session on 13 September 1995, the Commission noted that

the parties had reached an agreement regarding the terms of a

settlement. It further considered, having regard to Article 28

para. 1 (b) of the Convention, that the friendly settlement of the case

had been secured on the basis of respect for Human Rights as defined

in the Convention.

13. For these reasons, the Commission adopted the present Report.

Secretary to the Commission President of the Commission

(H.C. KRÜGER) (S. TRECHSEL)

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