THE PARENTS of a 17-year-old conscript found shot dead at his guard post at a Larnaca army camp last year were yesterday finally given the full file of the investigation carried out by the Ministry of Defence (MOD).
The parents, Androula Larkou and Pavlos Pavlou, sought access to the file for months, following the death of their son Tefkros Pavlou on October 9, 2009, and blame the ministry for failing to be honest with them about the conditions of his death.
The young conscript was three months into his military service and a week away from finishing his training as a mortar operator, after which he was due to train as a sergeant. It appears the 17-year-old committed suicide, hence the media blackout at the time. However, 14 months after his death, the parents and ministry seem to be on opposing sides of the fence regarding their conclusions on the reasons behind his death.
In May, the parents filed a complaint with the Ombudswoman Ileana Nicolaou, highlighting that neither the police nor National Guard had completed its investigations into his death yet. They also argued that the ministry was refusing to hand over witness statements and other material related to their investigation.
In Nicolaou’s report, released last Tuesday, the ombudswoman notes that the parents’ requests for access to information and updates were met with “reluctance and even contempt” by the authorities.
Following the launch of an inquest into the death of the soldier on June 29, 2010, at the Larnaca district court, the parents received the witness statements gathered from the police investigation. However, the police refrained from making any conclusions on the evidence gathered, leaving that for the inquest.
Meanwhile, the MOD continued to refuse access to the investigative file. According to the teenager’s father, the ministry initially said it would hand over the file, then told the parents they would have to wait until after the police completed their investigation, before finally saying that they were not legally allowed to share the file.
According to a government source, the law stipulates an investigation file cannot be shared while a police investigation is ongoing. Asked why the ministry still refused to give access to evidence collected after police had completed their investigation, the source said the ministry had sought and received legal advice from a senior public prosecutor who told them that they were prohibited from giving material to the parents. Despite that, the defence minister met the parents in person and told them orally the conclusions of the military investigation. A ministry official reportedly also suggested to the parents that they seek legal recourse to get access to the file.
It turns out the public prosecutor’s legal advice was less than sound. The ombudswoman, as part of her own investigations, sought a legal opinion from Attorney-general Petros Clerides who concluded that the authorities had an obligation to keep the parents fully informed of the investigation process.
Nicolaou concluded that the ministry’s refusal to give the parents access to the evidence on their son’s death was “inconceivable” and recommended it does so.
In the meantime, the parents went to the Larnaca district court where they requested and obtained a court order last Thursday ordering the ministry to hand over its file to the court, which it did on the same day. The court in turn delivered the file to the parents’ lawyer yesterday.
The young man’s father told the Cyprus Mail yesterday that the police investigation contained so many holes and contradictions that both parents and their lawyer felt compelled to seek cross-examination of the witness statements.
“We feel that we gave our child to the National Guard to complete his service, and they returned him dead. The least they could have done was to be honest with us. The National Guard cannot so easily absolve itself of responsibility. We would have expected them to be more honest with us, and I purposefully don’t use the word more humane,” said Pavlou.
The Defence Ministry released a statement yesterday saying it does not agree with the parents’ view that it failed to respond to their letters when in fact it did.
After consultation with the Attorney-general, it also submitted the military file on the soldier’s death to the Larnaca court on December 16, it added.
A ministry source said it was a tragic and very sensitive issue. The MOD wishes to respect “the very notable and much loved soldier” and as such will remain “very discreet about such issues even at the risk of giving wrong impressions”.
After a number of adjournments, the court inquest is scheduled to recommence on January 11. Now the parents have the file in their hands, their hope is “to learn the conditions of our son’s death even though court experience shows that the opposite occurs in such cases,” said Pavlou.
