The European Court of Human Rights has ruled that the Republic of Cyprus violated a judge's right to a fair trial by denying him access to a court to challenge a decision not to promote him to the position of President of a District Court.
The ruling, issued on Wednesday by a majority of six votes to one, overturns a unanimous decision of the full bench of the Supreme Constitutional Court, which at the relevant time was acting as the Annulment Second-Degree Judicial Council. The court found that Cyprus had breached Article 6 of the European Convention on Human Rights, which guarantees the right to a fair trial.
The applicant's central argument was that he had no access to a court to challenge the decision of the transitional Supreme Judicial Council not to promote him. The ECHR upheld that position.
The court did not award any sum for non-pecuniary damages, finding that the declaration of a violation in itself constitutes sufficient just satisfaction. It did, however, order Cyprus to pay the applicant €13,887.60 in legal costs and expenses. The applicant was represented by the law firm Lellos P. Demetriades LLC.
According to the firm's press release, the ruling is significant as it is the first ECHR judgment against Cyprus on matters relating to the judiciary since the reform of the court system and the reconstitution of the Supreme Constitutional Court.
The ruling does not become final for three months from the date of issue, during which time either party may request referral of the case to the Grand Chamber.
