Resolution CM/ ResDH (2011)196 [1]

Execution of the judgments of the European Court of Human Rights

Kyriakades and Taliadorou and Stylianou against Cyprus

( Kyriakides , Application No. 39058/05, judgment of 16 October 2008,

final on 16 January 2009;

Taliadorou and Stylianou , Application No. 39627/05, judgment of 16 October 2008,

final on 16 January 2009)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgments transmitted by the Court to the Committee once they had become final;

Recalling that the violation of the Convention found by the Court in these cases concerns disregard of the applicants ’ right to protection of their reputation, following the Supreme Court ’ s failure in 2005 to provide adequate grounds for a decision overturning the award of compensation for non-pecuniary damage sustained by the applicants as a result of their unjustified dismissal by the state authorities (violation of Article 8) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken to comply with its obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgments;

Having examined the information provided by the government in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the a p plicants the just satisfaction provided in the judgments (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of

- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination of these cases.

Appendix to Resolution CM/ ResDH (2011)196

Information on the measures taken to comply with the judgments in the cases of

Kyriakades and Taliadorou and Stylianou against Cyprus

Introductory case summary

These cases concern damage to the reputation of the applicants, senior officers in the Cyprus Police. In 2005 the Supreme Court failed to provide adequate grounds for a decision overturning an award of compensation for non-pecuniary damage to the applicants, following their unjustified dismissal by the state authorities, so disregarding of the applicants ’ right to protection of their reputation (violation of Article 8).

I. Payments of just satisfaction and individual measures

a) Details of just satisfaction

Name and application number

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

Kyriakides (39058/05)

-

5 000 EUR

2 650 EUR

7 650 EUR

Paid on 30/01/2009

Taliadorou and Stylianou (39627/05)

-

-

2 000 EUR

2 000 EUR

Paid on 23/01/2009

b) Individual measures

The European Court awarded just satisfaction in response to the non-pecuniary damage sustained in the case of Kyriakides . In the Taliadorou and Stylianou case, the applicants submitted no request for compensation. Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

In response to the Supreme Court ’ s failure to provide adequate grounds for its decision, the Cypriot authorities indicated that Article 30(2) of the Cypriot Constitution provides that domestic courts ’ decisions must be reasoned. An unreasoned judgment constitutes grounds for appeal and the Cypriot authorities provided examples of inadequately reasoned judgments overruled (Costas Glykys against Limassol Municipality, Civil appeal 10005, judgment of 18/12/1998; Pioneer Candy Ltd and Another against Stelios Tryfon & Sons Ltd, (1981) 1 CLR 540; Neophytou against Police, (1981) 2 CLR 195).

In October 2008 counsel for the Human Rights Sector of the Law Office of the Republic of Cyprus transmitted the European Court ’ s judgments to the Supreme Court, the Bar Association, the Parliamentary Committee on Human Rights, the Parliamentary Committee on Legal Affairs, the Ministry of Justice and all Counsels for the Republic. The judgments were accompanied by a detailed analysis of the European Court ’ s reasoning.

The European Court ’ s judgment in the Kyriakides case was published in the Cyprus Law Journal at [2009] 1 CLJ 39. The judgment in the Taliadorou and Stylianou case was published in the Cyprus Law Journal at [2009] 1 CLJ 61.

III. Conclusions of the respondent state

The government considers that no individual measure is required apart from the payment of the just satisfaction, that the general measures adopted will prevent similar violations and that Cyprus has thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 2 December 2011 at the 1128th Meeting of the Ministers’ Deputies