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The European Court of Human Rights has found that Cyprus violated the fair trial rights of a Cypriot judge who challenged a failed promotion decision within the judiciary.
The ruling came in the case of Konstantinou v. Cyprus, which focused on the judge’s attempt to contest the decision not to appoint him as President of a District Court. According to the applicant, the process denied him effective judicial review of the transitional Supreme Judicial Council’s decision.
The Strasbourg court ruled in the judge’s favor by six votes to one, concluding that the Republic of Cyprus breached Article 6 of the European Convention on Human Rights, which guarantees the right to a fair trial. The judgment reverses an earlier unanimous ruling issued by Cyprus’ Supreme Constitutional Court when it was acting in its appellate judicial capacity.
Although the court rejected the request for compensation linked to non-material damage, it ordered Cyprus to cover €13,887.60 in legal fees and other related expenses.
The decision carries particular importance because it is the first ruling against Cyprus by the European Court of Human Rights concerning the judiciary since reforms reshaped the country’s justice system and reintroduced the Supreme Constitutional Court.
The judgment is not yet final. Both sides have three months to request that the case be referred to the ECHR’s Grand Chamber.
The applicant was represented by Lellos P. Demetriades Law Office LLC, with the case led by lawyer Achilleas Demetriades.
