European court rules Cypriot lawyer’s rights were breached in contempt case

THE European Court of Human Rights (ECHR) has fined the Republic €15,000 plus €10,000 expenses following an appeal by a lawyer convicted of contempt of court four years ago.

Prominent lawyer Michalakis Kyprianou was sentenced to five days in jail in February 2000 after he twice refused to apologise to the bench of the Limassol Assizes Court for accusing them of passing “love notes” to each other during a hearing.

Kyprianou was released after 36 hours, under standard prison practice.
A subsequent appeal to the Supreme Court was unanimously rejected.
Kyprianou then appealed to the ECHR, arguing that he had not been tried by an independent and impartial court, as it was the same court that had alleged him to be in contempt that had tried and punished him.

He also complained that his right to be presumed innocent had been violated, and that he had not been informed in detail of the nature and cause of the accusation.

Kyprianou claimed his right to freedom of expression had also been breached.
In a unanimous decision, the ECHR agreed there had been violations concerning his right to a fair trial, right to be presumed innocent and right to be informed in detail of the nature and cause of the accusation.

The court did not deem necessary to examine the applicant’s complaint regarding the breach of his freedom of expression and awarded him €15,000 in damages and €10,000 for costs and expenses.

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