THE FAMILY of a naval officer killed in the July 11 blast are suing the state over criminal negligence, demanding over €2 million in damages.
The civil suit, filed with the Nicosia District Court, is against the Republic, but specifically names President Demetris Christofias as responsible for the events of July 11.
It also holds responsible “other agents of state authority,” without naming them.
The plaintiffs are Maria and Solon Heracleous, widow and son of the deceased.
It is the first legal action of its kind following the Mari events, although the Mail understands that more suits from other victims’ families are in the pipeline.
Representing the Heracleous family is Loucis Loucaides, former Deputy Attorney-general and former judge of the European Court of Human Rights.
The plaintiffs are claiming general and special damages for Heracleous’ death which, as the lawsuit states, “deprived them forever of their beloved father/husband and brought about shock, anguish and financial damages.”
In addition, the victim’s family demand punitive damages for the “criminal and inhuman treatment of those responsible toward the victims of the explosion and the plaintiffs.”
“This is a rare case where the state has caused the death of its citizens,” explained Loucaides.
Moreover, he said, after the tragic event the state treated the relatives “with utter contempt.”
“No one representing the state attended the late Mr. Heracleous’ funeral. This is appalling behaviour,” he told the Mail.
“The President has not even apologised to the victims’ relatives,” he added.
Loucaides said that, in his opinion, the offences alleged in his lawsuit constitute manslaughter. However, he added, the President of the Republic enjoys immunity from prosecution.
Earlier this month, the Cabinet decided to give a bonus to the Heracleous family, equivalent to one fourth of the victim’s monthly salary for every month of his service.
The Cabinet also decided the allocation of scholarships by the Cyprus State Scholarship Foundation to all the children of the victims to study in Cyprus or abroad, both for undergraduate and postgraduate studies.
Meanwhile the Cyprus News Agency (CNA) reported that President Christofias is set to appear before the Mari committee of inquiry in early September.
The committee hearings, which are open to the public, begin on Monday. The committee’s stated aim is to deliver a verdict by the end of September.
Government spokesman Stefanos Stefanou said yesterday the President would “gladly” appear before the committee to answer questions. The President has yet to be summoned, he said.
The head of the panel, lawyer Polys Polyviou, has previously not ruled out summoning the President.
The panel has been appointed by the Cabinet to investigate whether any state or other officials can be held responsible for the blast at the Evangelos Florakis base that caused an energy crisis and amplified the island’s economic problems. It’s understood that witnesses reserve the right to refuse to answer questions.
According to the CNA, appearing before the committee on Monday will be Nicos Emiliou, the permanent secretary of the Foreign Ministry, currently suspended from his duties. On Tuesday, Foreign Minister Marcos Kyprianou, who resigned days after the blast, appears on Tuesday.
The inquiry runs concurrently with a police investigation into possible criminal offences related with the incident.
Circles have been calling on Christofias to quit in the wake of news reports suggesting that the decision to keep the containers on the island was his.
According to daily Politis, Attorney-general Petros Clerides has in private told associates that he has ruled out the possibility of indicting the President or even questioning Christofias as a material witness.
The paper said the matter arose after the AG received a letter from the lawyers representing the family of Captain Andreas Ioannides, the former commander at the Mari naval base who died in the blast.
In their letter, the lawyers inquired as to whether the President of the Republic was being included in the criminal investigation.
Politis said the AG has taken the view that the President of the Republic was an institution rather than a person, and was thus immune from criminal proceedings.
Article 45 of the Constitution states that the President of the Republic “is not subject to any criminal prosecution for the duration of his term, except for the offence of high treason, or for any other dishonorable offence or an offence involving moral turpitude.”
