Supreme Court awards €100,000 to families of missing persons from 1974 disappearance in Strovylo
The Supreme Court ruled that the state failed to investigate the disappearance of two men who were abducted in 1974, awarding €100,000 in compensation.
Supreme Court: human rights violation in case of missing persons from Strovylo
The Supreme Court awarded €100,000 compensation to the families of two men who were abducted on 15 August 1974, ruling that the state failed to conduct a proper investigation into their disappearance, according to reports by Cyprus Mail.
Loïzos Chatzigeorgiu and his son Yorgos were unarmed residents of the village of Strovylo in Famagusta. They were abducted by Turkish Cypriots who were also citizens of the Republic — not as part of a foreign military operation.
Reversal of 2017 decision
The Supreme Court unanimously quashed the decision of the Nicosia District Court from 2017, which had rejected a claim by the family against the state that was filed in 2009.
Violations were found of Articles 2 and 3 of the European Convention on Human Rights, concerning respectively the right to life and protection from inhuman or degrading treatment.
The court emphasised that this particular case required a different approach compared to other cases of missing persons from the Turkish invasion. The special nature of the abduction imposed on the authorities an obligation to conduct "targeted, specialised and intensive investigation", including examination of possible criminal responsibility.
Responsibility independent of discovery of remains
The court rejected the argument that the obligation to investigate was dependent on the discovery of the bodies. This obligation, according to the decision, arises from the circumstances of the disappearance and does not require the location of the remains.
The court also found that there was information about individuals allegedly involved in the abduction. One of these individuals moved to government-controlled areas in 1984, whilst another person was reportedly found there after the invasion. The decision notes that there is no evidence that the Cypriot authorities took action based on this information.
Role of the Committee on Missing Persons
The Supreme Court stressed that the Committee on Missing Persons (CMP) cannot substitute for state investigation. The mandate of the CMP is limited to establishing whether the missing persons are alive or not and, where possible, to the recovery and identification of their remains. It does not examine criminal responsibilities.
The court also rejected the invocation of "general upheaval and administrative difficulty" following the invasion as grounds for exemption from state obligations.
Compensation and implications for other cases
The wife of Loïzos Chatzigeorgiu and mother of Yorgos received €25,000, whilst the five other claimants each received €15,000, plus court costs.
The family's lawyer Antonis Georgiou stated that the decision clarifies state obligations when citizens disappear under life-threatening circumstances and there is evidence that permits investigation into possible crimes. According to Georgiou, the decision may have implications for other cases of missing persons where there is specific evidence about individuals possibly involved in punishable acts.
Source: Cyprus Mail