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The Committee of Ministers of the Council of Europe, at its last meeting in June 2023, decided to proceed with the closure of the supervision of the Kamenos v. Cyprus Decision, adopting a final Resolution. The European Court of Human Rights had made a finding of a violation of the applicant's right to a fair trial by the Republic, on the basis that the judicial proceedings before the Supreme Judicial Council suffered from a lack of objective impartiality because the roles of prosecutor and judge were confused.
The monitoring of the Republic's compliance with the Judgment was closed after the Committee of Ministers was satisfied, on the basis of a Draft Report registered by the Office of the Attorney General of the Republic, that the Republic had taken the necessary "individual and general measures of compliance" under Article 46 (Mandatory validity and enforcement of judgments) of the European Convention on Human Rights.
For purposes of compliance with the Judgment, the Supreme Court issued the "Procedural Regulation on the Exercise of the Disciplinary Power of the Supreme Judicial Council (29/2022)". The Rules in question fully comply with the requirements of Article 6 of the European Convention on Human Rights and have cured the functional defect in the procedure identified by the European Court of Human Rights in the above-mentioned Judgment. Due to the adoption of the said Regulation, the Republic has adopted "general compliance measures" capable of preventing similar violations of the European Convention on Human Rights in the future.
On behalf of the Attorney General of the Republic, the case before the Committee of Ministers was handled by Ms Theodora Christodoulides, Senior Advocate of the Republic.
The Resolution and the Draft Report are attached.
(MΛ)
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