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The European Court of Human Rights (ECHR) has condemned the Republic of Cyprus for violating the human rights of a Russian fugitive, Dzhandzhgav, who had been detained for nearly three years in connection with fraud charges. The court found that Cyprus had breached the European Convention on Human Rights by unlawfully detaining the individual and failing to handle his legal proceedings in a timely manner. The court awarded the fugitive €18,800 in damages.
The case revolves around Dzhandzhgav, who was wanted in Russia for large-scale fraud, including theft and breach of trust. After being arrested in Cyprus, he spent almost three years in detention while awaiting extradition to Russia. The ECHR’s ruling focused on two key issues: his right to personal liberty and the right to a speedy appeal process.
In its statement, Cyprus' Legal Service acknowledged the decision and explained that the ECHR's findings were based on a violation of two important articles of the European Convention on Human Rights: Article 5§1, which protects an individual's right to liberty, and Article 5§4, which guarantees the right to a prompt review of detention.
Dzhandzhgav’s lawyers argued that his detention was both unlawful and arbitrary. They claimed that the conditions of his detention were poor and that he was held beyond the time limits allowed by Cyprus' own laws. One key issue was the delay caused by the coronavirus pandemic, which impacted the appeal process and contributed to his prolonged detention.
The ECHR ruled in favor of Dzhandzhgav on most of his claims, agreeing that his detention was unlawful for a large portion of the time. However, the court did not accept the allegations regarding unsatisfactory conditions, as Dzhandzhgav failed to provide enough evidence to support his claims. The court also acknowledged that the delays in the legal process were partly due to the applicant's own actions, including numerous requests that were deemed borderline abusive. However, the court criticized the prolonged periods of inactivity in his case.
Cyprus' decision to suspend the extradition for five months and 23 days after the Supreme Court rejected Dzhandzhgav’s appeal was another point of contention. The ECHR referenced a previous case to highlight that this delay violated the procedural guarantees given to individuals under European law, which mandates clear timelines for extradition.
The court also found that the speed of Dzhandzhgav's appeal process was unacceptably slow, in violation of Article 5§4 of the Convention. While acknowledging the applicant’s own role in some of the delays, the court concluded that Cyprus had not acted with the necessary urgency.
In a final ruling on the matter, the ECHR awarded Dzhandzhgav €15,000 for non-pecuniary damage (moral damage) and €3,800 for legal costs, totaling €18,800.
This ruling puts Cyprus in the spotlight for its handling of international extradition cases, raising questions about the country's adherence to human rights standards and its commitment to timely legal proceedings.
