Church Court Chambers team secures victory at European Court of Human Rights in Cyprus rape case
Church Court Chambers’ Lewis Power KC and Michael Polak have secured victory for their client at the European Court of Human Rights in the highly reported rape case of X v. Cyprus.
Michael’s client, 19 at the time of the incident, told Cypriot police that she had been raped in Ayia Napa but retracted the allegation after being held without a lawyer. She was then prosecuted and convicted of public mischief at the District Court. Lewis and Michael represented her alongside Cypriot lawyers Nicoletta Charalambidou and Ritsa Pekri and managed to overturn her conviction.
A request was made for the Attorney General of the Republic of Cyprus to order an investigation, but he refused to do so. An application was then made to the European Court of Human Rights.
On 27 February 2025 the Court released its judgment that held that Cypriot authorities breached article 3 – lack of effective investigation – and article 8 – right to respect for private and family life – of the European Convention on Human Rights through their investigative and prosecutorial failures.
In the court’s assessment, “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”.
Speaking on the ruling, Michael commented: “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.”
“We would like to thank the expert witnesses who provided evidence in the European Court of Human Rights application, Dr Catherine White, from the University of Manchester, and Ex-Police Detective David Gee.
Lewis Power KC stated: “This young girl’s basic human rights were stripped off her and she was let down by a flawed and archaic investigative system. She has courageously and relentlessly fought for justice for both herself and for the rights of all women across the globe. This final landmark decision by the European courts vindicates her completely and allows both her and other women to regain trust in the rule of law and in the condemnation of wicked.”
Nicoletta Charalambidou stated: “This is a big win and important decision not only for the applicant but for all victims of rape whose credibility is very often questioned by a system built on patriarchy and discrimination against women and girls.”
Click here to read the judgment in full.
Michael and Lewis can be instructed for international law, human rights, or criminal matters by contacting his clerks by phone (+44 (0)20 7936 3637) or email (clerks@churchcourtchambers.co.uk).
