Published on 3 October 2022

THIRD SECTION

Application no. 40733/22 F.H. against Cyprus lodged on 17 August 2022 communicated on 15 September 2022

SUBJECT MATTER OF THE CASE

The application concerns the alleged failure of the domestic authorities to effectively investigate and prosecute acts of rape against the applicant.

The applicant is a British national who claims that on 17 July 2019, during a time she visited Cyprus for work and holidays, she was raped by a number of persons. An investigation commenced on the same day.

In the process of the investigation, on 27 July 2019 the applicant was called to the police station to provide a supplementary statement. In the early hours of 28 July 2019, while still at the police station and in the absence of a lawyer, she signed a statement retracting her earlier account of events, stating that she had consented to the acts that took place on 17 July 2019. The applicant was then arrested and indicted of the offence of public mischief. She was found guilty of the offence on 30 December 2019. Upon appeal, on 31 January 2022 the Supreme Court overturned the conviction and acquitted the applicant noting certain failings in the trial process and the investigation of the applicant’s complaint of rape.

On 5 March 2022 the applicant requested the Attorney General to order a new investigation into her rape complaint under a different team of investigators. On 21 April 2022 the Attorney General refused the applicant’s request.

The applicant complains under Articles 3 and 8 of the Convention about the alleged failure of the domestic authorities to effectively investigate and prosecute acts of rape against her.

QUESTION TO THE PARTIES

Having regard to the positive obligations of States inherent in Articles 3 and 8 of the Convention to carry out an effective investigation and prosecution of acts of rape, was the investigation in the present case by the domestic authorities in breach of the above-mentioned Articles (see among others, M.C. v. Bulgaria , no. 39272/98, §§ 148-53, ECHR 2003-XII, and I.P. v. the Republic of Moldova , no. 33708/12, §§ 30-32, 28 April 2015)?

The Government are invited to submit a copy of the file concerning the criminal investigation with respect to the applicant’s complaint of rape.