Published on 3 May 2021

THIRD SECTION

Application no. 75723/17 Georgios KONNARIS against Cyprus lodged on 16 October 2017 communicated on 16 April 2021

SUBJECT MATTER OF THE CASE

The present case concerns the applicant ’ s right to be presumed innocent under Article 6 § 2 of the Convention following his acquittal in criminal case no. 27214/12; a right which the applicant claims has been breached as a result of comments made by a judge in separate subsequent criminal proceedings (no. 285/17) concerning third persons.

More specifically, in 2009 the applicant, a lawyer, acted as defence counsel for E.H. in a hit and run case. After E.H ’ s conviction, she and her parents (H.H. and N.H.) fled to Greece.

In 2012, in the absence of H.H. and N.H. , criminal proceedings (no. 27214/12) were instigated against the applicant only, for conspiring with H.H, N.H. and a person who had acted as a witness for the defence (G.V.) to commit, inter alia , subordination of perjury, and uttering false documents. On 17 April 2015 the applicant was acquitted of all charges.

In 2017 the Cypriot authorities instigated criminal proceedings (no. 285/17) against H.H. and N.H. They were found guilty of, inter alia , conspiracy, subordination of perjury, inducing a witness to give false evidence and uttering false documents. In its judgment, the trial judge made certain comments with regards to the applicant ’ s involvement.

The applicant complains that the trial judge ’ s comments in case no. 285/17 constituted a finding of guilt against him in breach of his right to be presumed innocent under Article 6 § 2 of the Convention.

QUESTION TO THE PARTIES

Was the presumption of innocence, guaranteed by Article 6 § 2 of the Convention, respected in the present case, in particular given the statements made by the trial judge in case no. 285/17?