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The system was tested in the case of the 19-year-old English girl and failed, said President of the Human Rights Committee, AKEL MP, Irene Charalambidou, on Monday, following a discussion in the Committee on protocols regarding complaints of gender-based violence, in light of the recent overturning by the Supreme Court of the conviction of a 19-year-old woman for falsely reporting her rape by a group of Israeli tourists. In this case, the court ruled on 31 January 2022 that the young woman did not receive a fair trial.
The Committee discussed victim response protocols, for police investigation of complaints, training of judges in gender-based violence and media coverage of such cases. During the debate, the MPs heard from representatives of relevant ministries and departments on what procedures are followed in cases of rape allegations and how they handled the case of the 19-year-old English girl.
During the debate, Ms. Charalambidou said that, once again, Cyprus found itself in an extremely difficult position following the Supreme Court's ruling about two weeks ago that it was not getting a fair trial "on such a sensitive issue involving the rape of a woman by 12 men."
She added that serious issues were raised about training issues for those who receive the complaints and the way they handle them, whether they are police stations or investigators.
"What woman after this travesty will be able to comfortably report such an incident?" asked Charalambidou.
During the debate, the MPs spoke of "systemic sexism" pervading the entire system, as well as "misogyny" and "failure of the state to deal with such issues", while referring to the need for those called upon to handle them to have proper training, and called for the effective implementation of protocols.
The police were also asked to file a written response to a report heard in the debate that the investigating officer who investigated the Englishwoman's case was not only not being disciplined but had been promoted. "If it corresponds to reality, it should give us further concern and we will deal with it," Charalambidou said at the end of the session in response to a question.
Aristos Tsiartas, on behalf of the Justice Ministry, told the commission that the Englishwoman's case was very serious and that it was the first time the authorities had been tested in terms of implementing the Istanbul Convention on preventing and combating violence against women, which, since last May, has been the law of the land. He also said that the Minister of Justice instructed that the Supreme Court decision be studied and any changes that need to be made should be made so that victims are treated under conditions of security and confidentiality.
On the part of the Police, a spokesman for the Force said that they are studying the Court decision in cooperation with the Legal Service regarding the way the case was handled and any responsibility of the Police, they will come back. It was also reported that, as of 2020, there are special teams in the Police Force to handle victims of domestic and gender-based violence.
A spokesperson for the Legal Service said they are studying the High Court decision and a team has been set up to re-evaluate the Police file and will re-evaluate the way forward.
In statements after the discussion, Ms. Charalambidou said that the Commission is concerned about the prejudices and stereotypes that prevail around these serious issues particularly with regard to the issue of investigative work and the prejudices that may in some cases characterize the decision making process. He said that the system was tried in the case of the 19-year-old English girl "and it failed."
He expressed the Commission's satisfaction that the Supreme Court had largely restored justice, but stressed that the Supreme Court's reports should give everyone pause for thought as to the corrective measures that should be taken.
"There is a problematic understanding of what civil violence is and it is not enough to issue pamphlets or hold one or two seminars sporadically. Those who are on the front line, who receive and handle cases of victims of violence should have specialised training," he said."
He also said that victims should be aware of their rights and which services to turn to.
"These are all serious issues that are likely to act as a deterrent to a woman's decision to report an incident of gender-based violence," she added.
Charalambidou said the Commission regrets that a coordinating body for the management of the Istanbul Convention has not yet been appointed. "It is of paramount importance to move in this direction if we want to implement principles of this Convention," she said.
DISY MP Rita Theodorou Superman said in a statement after the meeting that it is necessary to integrate the victim-centred approach within the whole spectrum of the criminal procedure, as well as the sensitivity of officials and the flexibility to handle each victim individually according to his/her individual needs.
"It is obvious that in Cyprus we still face phenomena of systemic sexism and racism," she said. He said that several suggestions have been made and several steps have been taken such as the special teams in the Police but also the creation of protocols and the creation of the Women's House which is still operating on a pilot basis.
He added that an important tool will be the creation of the coordinating body foreseen in the Istanbul Convention and that it was reported today by the representative of the Ministry of Justice that the proposal for this purpose will be forwarded this month to the Council of Ministers.
Alexandra Attalidou, Councillor of the Movement of Ecologists - Citizens' Co-operation, said in court statements that it appears "that although we have ratified the Istanbul Convention, we are moving very slowly to implement it" as a coordinator has not yet been appointed.
He also said that both in the Police, and in the Courts and in the OCYPY, their services should urgently clarify that the protocols exist, that they are up to date.
"They should look at the agencies themselves to see, where there is structured sexism or structured racism, to take those measures to eradicate these phenomena so that all people are equal before the law," he said."
Source: CNA
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