Cypriot police 'failed' Briton in gang rape case

Cypriot authorities mishandled their investigation into the case of a British woman who was found guilty of lying about a gang rape attack before her conviction was overturned, the European Court of Human Rights (ECHR) has concluded.

The woman, then 18, told Cypriot police she had been raped in Ayia Napa in July 2019 but retracted the allegation after being held without a lawyer.

The court found "the Cypriot authorities failed in their obligation to effectively investigate the applicant's complaint of rape and to adopt a victim‑sensitive approach when doing so".

It awarded the Derbyshire woman €20,000 (£16,500) in damages and €5,000 (£4,125) in costs.

The ECHR found Cypriot authorities breached article 3 - lack of effective investigation - and article 8 - the right to respect for private and family life – of the European Convention on Human Rights.

The woman originally told police she had been raped by 12 Israeli men and boys.

Ten days after the incident the woman was questioned again, with only two short breaks over six hours and no lawyer or welfare services present.

At 01:15 she signed a retraction and was arrested for committing public mischief.

She was subsequently tried and convicted of the offence and given a suspended four-month sentence.

This was overturned at the Supreme Court in Cyprus in 2022 on the grounds the original conviction for public mischief was unsafe.

The case outraged women's rights campaigners who felt the woman had been treated like the accused rather than a victim.

Thursday's judgement, as well as noting issues with the forensic investigation, highlighted "the failure of the authorities in their central task of examining whether there had been consent".

It also said: "Neither the chief investigator nor the counsel for the Attorney General... engaged in any meaningful examination of the evidence which could signify a lack of consent."

The judges also felt the authorities took the suspects' statements that no rape had taken place "at face value".

The ruling said: "In conclusion, the Court observes that the present case reveals certain biases concerning women in Cyprus which impeded the effective protection of the applicant's rights as a victim of gender-based violence and which, if not reversed, run the risk of creating a background of impunity, discouraging victims' trust in the criminal justice system, despite the existence of a satisfactory legislative framework."

It added: "The investigative and prosecutorial authorities' response to the applicant's allegations of rape in the present case fell short of the state's positive obligation to apply the relevant criminal provisions in practice through effective investigation and prosecution."

By Anna Holligan, BBC Hague correspondent

The ECHR judgement amounts to a string of stinging indictments of the Cypriot justice system.

From their initial handling of the investigation, to the way in which an alleged victim of gang rape was questioned by police, alone late into the night without a lawyer present, the court ruling also notes the case was underpinned by apparent institutionalised bias in which the British woman's credibility "appears to have been assessed through prejudicial gender stereotypes and victim-blaming attitudes".

When I met the British teenager during the original hearings in Cyprus back in 2019, she was determined to pursue justice in the hope that other women wouldn't be afraid of coming forward to report allegations of sexual violence.

During those hearings, chants of "we believe you" from women's rights groups echoed through the courtroom.

This ruling is a vindication of their claims that this young woman didn't get a fair hearing partly on account of gender stereotypes, oversights and intrinsic inadequacies within the very system that was supposed to support her.

True justice, according to her legal team, would be for the Attorney General in Cyprus to consider this ECHR ruling compelling enough to order a fresh investigation into her original gang rape allegations.

Lawyers for the young woman said she had shown "immense resilience in her pursuit of justice".

They hope this legal victory will empower others to speak out and demand accountability.

Justice Abroad, which has represented the woman, known as X in court, through the process, welcomed the verdict.

Its director, Michael Polak, said: "This is a landmark decision for victims of sexual violence.

"The ruling reinforces the fundamental principle that allegations of sexual violence must be investigated thoroughly and fairly, without institutional obstruction.

"Following our victory in X v Greece, where the court found that Greek authorities had failed to uphold the rights of a rape victim, this case further strengthens the procedural protections for victims of sexual violence in Europe.

"By holding that Cyprus was in breach of the rights of our client, we hope that the court's decision will cause the Attorney General of the Republic of Cyprus to reconsider his decision and order a proper investigation using outside investigators.

"A proper framework for the investigation and prosecution of sexual offences needs to be developed urgently in Cyprus.

"Our client has shown immense resilience in her pursuit of justice, and we hope this outcome will empower others to speak out against such offences and demand accountability from authorities."

Follow BBC Derby on Facebook, on X, or on Instagram. Send your story ideas to [email protected] or via WhatsApp on 0808 100 2210.