ECHR rejects 49 applications of the missing

THE EUROPEAN Court of Human Rights (ECHR) yesterday rejected 49 applications by Greek Cypriot families of the missing, saying they failed to seek recourse within a reasonable timeframe.

A lawyer for the families, DIKO deputy Andreas Angelides said the decision was a negative and contradictory development since the lack of information on the missing persons is an ongoing issue and therefore a continuing violation made by Turkey.

He noted that the families of the missing sought recourse to the Court in 2000, just ten years after the Varnavas case was submitted. In that landmark judgement and the one regarding Titina Loizidou, the Court had ruled that the violations committed against Cyprus by Turkey were ongoing.

“These missing persons were missing on the day of each application and on the day of the Court’s ruling,” said Angelides.

Despite this, all 49 applications were yesterday rejected by the ECHR, which found that the applications by the families of the missing were submitted beyond a reasonable time period. Angelides noted that the decision was final and there was no scope for appeal.

Head of the Legal Service, Attorney-general Petros Clerides yesterday hinted that the decision to take the 49 cases to the ECHR may have been misguided.

“The Republic of Cyprus was not even informed on these cases so it could be present. It was handled by the applicants through their lawyers. The Court did not even send a notice to the government to intervene,” he said, adding, “I was informed of the Court’s rejection by one of the applicant’s lawyers.”

Asked what relevance the decision had, Clerides said: “Some should not try to ruin what we’ve gained. I am very sorry, but we have passed through hell and high water on the issue of the missing. Let’s not try to destroy what we’ve gained.”

He warned that applications to the ECHR had to be done with great care and a lot of study, “so we don’t go there and lose”.

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