FOURTH SECTION
PARTIAL DECISION
AS TO THE ADMISSIBILITY OF
Application no. 46744/07
Despina CHARALAMBOUS and Others
and 28 other cases against Turkey
(see list appended)
The European Court of Human Rights (Fourth Section), sitting on 1 June 2010 as a Chamber composed of:
Nicolas Bratza, President,
Lech Garlicki,
Giovanni Bonello,
Ljiljana Mijović,
David Thór Björgvinsson,
Ledi Bianku,
Işıl Karakaş, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above applications lodged on the dates set out in the Annex;
Having deliberated, decides as follows:
THE FACTS
The applicants are Cypriot nationals. Their names, dates of birth and places of residence are set out in the Annex.
The facts of the case, as submitted by the applicants, may be summarised as follows.
The applicants are relatives of 29 Greek-Cypriot men, both civilians and army personnel, who went missing in July-August 1974 following the invasion of northern Cyprus by Turkish armed forces. These men were listed as missing persons, the information being given to the Red Cross and the United Nations.
The remains of the missing men have been found during exhumations carried out by the United Nations Committee for Missing Persons between 2005‑9 (“CMP”). Further details are set out in the Annex.
COMPLAINTS
All applicants complain under Article 2 about the disappearance and death of their relatives and the lack of effective investigation into those matters, as well as invoking Articles 3 (as concerns the victim and/or themselves) and 5 in that regard.
The applicants (save those in nos. 7048/08, 60676/08, 60678/08, 60688/08, 60719/08, 60734/08, 60742/08, 60771/08, 60696/08) complain under Article 8 of the effect on their family life of the disappearance.
The applicants (save for those in nos. 60676/08, 60678/08, 60688/08, 60719/08, 60734/08, 60742/08, 60771/08, 60696/08) complain that the above matters disclose violations of Article 14.
In addition, the applicants in 7086/08 invoke Article 4 in respect of their relatives' disappearance; the applicants in nos. 46744/07, 29673/08 and 45656/08 complain under Articles 6, 7, 9, 10 and 17 of the Convention; and the applicant in 5281/08 invokes Articles 6 and 12.
The applicants in nos. 5210/08, 5277/08, 4852/05, 5247/08, 5270/08, 37368/08, 7086/08, 7512/08, 5281/08, 60676/08, 59490/09, 4584/10, 4649/10, 5189/10, 6081/10, 7839/10 complain under Article 13.
The applicants in nos. 5210/08, 5277/08, 4852/05, 5247/08, 5270/08, and 37368/08 complain under Article 1 of Protocol No. 1 that they were deprived of the financial support of their relative.
THE LAW
1. As a preliminary matter, the Court notes that in application nos. 7512/08, Panikos Danezis v. Turkey and 5281/08 Phanos Xenophontis v. Turkey, the missing person is named as an applicant. According to the Court's practice, applications can only be introduced by, or in the name of, individuals who are alive at the moment they are lodged (Varnava and Others v. Turkey [GC], nos. 16064/90, 16065/90, 16066/90, 16068/90, 16069/90, 16070/90, 16071/90, 16072/90 and 16073/90, §§ 111-113, ECHR 2009‑...). In the circumstances, the Court will continue to examine the applications on the basis that the relatives of the missing person are the applicants for the purposes of Article 34 of the Convention.
2. The applicants complain that their relatives disappeared in life-threatening circumstances in 1974, invoking Article 2 of the Convention which guarantees that the right to respect for life shall be guaranteed by law. They also invoke variously in this regard Articles 3 (prohibition of torture and inhuman and degrading treatment or punishment), Article 4 (prohibition of forced labour), Article 5 (right to liberty and security of person), Article 6 (right to fair trial), Article 7 (prohibition of retrospective punishment), Article 8 (right to respect for private and family life), Article 9 (freedom of religion), Article 10 (freedom of expression), Article 13 (right to an effective remedy for violations of Convention rights), Article 14 (prohibition of discrimination in the enjoyment of Convention rights), Article 17 (prohibition of abuse of rights) as well as Article 1 of Protocol No. 1 (protection of enjoyment of possessions).
The Court observes that Turkey recognised the right of individual petition on 28 January 1987. Insofar therefore as the applicants' complaints are based on the event of disappearance and alleged deprivation of liberty in 1974, the Court lacks temporal jurisdiction (see Blečić v. Croatia [GC], no. 59532/00, § 70, ECHR 2006‑III; Varnava and Others, cited above. This part of the application must therefore be rejected as incompatible ratione temporis pursuant to Article 35 §§ 3 and 4 of the Convention.
3. The applicants complain under Articles 2 and 5 of a lack of effective investigation into the disappearances of their relatives. They also invoke Article 3 in this respect.
The Court recalls that, pursuant to Article 35 § 1 of the Convention, it may only deal with a matter “within a period of six months from the date on which the final decision was taken”.
In Varnava and Others, cited above, the Court had occasion to consider the application of the six-month rule in cases concerning missing persons from the 1974 conflict. It noted as follows:
“In a complex disappearance situation such as the present, arising in a situation of international conflict, where it is alleged that there is a complete absence of any investigation or meaningful contact with the authorities, it may be expected that the relatives bring the case within, at most, several years of the incident. If there is an investigation of sorts, even if sporadic and plagued by problems, the relatives may reasonably wait some years longer until hope of progress being made has effectively evaporated. Where more than ten years has elapsed, the applicants would generally have to show convincingly that there was some ongoing, and concrete, advance being achieved to justify further delay in coming to Strasbourg.”
It concluded (at § 170):
“The Court considers that the applicants, who were amongst a large group of persons affected by the disappearances, could, in the exceptional situation of international conflict where no normal investigative procedures were available, reasonably await the outcome of the initiatives taken by their Government and the United Nations. These procedures could have resulted in steps being taken to investigate known sites of mass graves and provided the basis for further measures. The Court is satisfied, however, that by the end of 1990 it must have become apparent that the problematic, non-binding, confidential nature of these processes no longer offered any realistic hope of progress in either finding bodies or accounting for the fate of their relatives in the near future.”
The applicants in Varnava having applied to the Court in January 1990, they were found to have acted with reasonable expedition for the purposes of Article 35 § 1 and the Government's preliminary objection to the contrary was rejected.
In the present cases, which also concerned disappearances during the conflict in 1974, the applicants applied to the Court between 21 November 2008 and 30 September 2009. In light of the Court's conclusion in Varnava, it should have been apparent by the end of 1990 that the CMP procedure had failed to make any concrete advance in uncovering the fate of the applicants' relatives (see Varnava and Others, cited above, §§ 165 to 166). Nor is there any evidence in the present applications of any other form of investigative activity post-1990 which could have provided to the applicants some indication, or realistic possibility, of progress in relation to their relatives' disappearances and which could have justified a further lapse of eighteen years or more in coming to Strasbourg.
It follows that the applicants' complaints relating to the lack of effective investigation into the disappearances of their relatives in 1974 were introduced out of time and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.
4. Insofar as the applicants complain of the lack of any investigation by the authorities of Turkey following the discovery of the remains of their relatives in 2005-2009 and the treatment to which this subjects them, the Court finds that issues arise which it considers fall to be examined under Articles 2 and 3 of the Convention. However, it cannot, on the basis of the case file, determine the admissibility of this aspect of the applications and that it is therefore necessary, in accordance with Rule 54 § 2 (b) of the Rules of the Court, to give notice of this part of the applications to the respondent Government.
For these reasons, the Court unanimously
Decides to adjourn the examination of the applicants' complaints concerning the lack of investigation following the discovery of the remains of their relatives and the treatment which they suffer as a result;
Declares the remainder of the application inadmissible.
Fatoş AracıNicolas Bratza
Deputy RegistrarPresident
A N N E X
No.
Appl. no.
Lodged on
Applicant name
date of birth
place of residence
Represented by
Name of victim
Date and circumstances of desappearance
Date and location of discovery of body and id documents
Details of forensic report (date and cause of death/findings)
A. Eptakomi village cases
46744/07
16/10/2007
Despina Charalambous
20/07/1935
Limassol
Charalambos Charalambous
26/09/1956
London
Gregoris Demetriou
28/12/1958
Enfield
Katerina Pounna
19/03/1953
Oal
Christos M. Triantafyllides
Demetrios Koutras Charalambous (civilian)
Last seen on 20 August 1974 in Galatia (Mehmetçki) in the district of Karpasia by his two sons and his wife's nephew. They had all been arrested in their village of Eptakomi that had come under the control of the Turkish forces and taken to Galatia where they had been detained in the village association. He was seen taken away by Turkish soldiers.
Remains found on 16 October 2006 in a grave near the village of Galatia (with 10 other remains); the applicants were notified in July 2007 that the remains had been found.
The medical certificate for the cause of death dated 17 July 2007 indicated two bullet wounds to the skull; wounds to the pelvis and wounds to the ribs on both sides.
29673/08
03/06/2008
Ioannis Kashouris
25/01/1944
Nicosia
Olympiada Neophytou Kashouri
29/05/1949
Nicosia
Maria Kashouri
01/12/1951
Athens
Christalleni Kashouri
02/01/1955
Nicosia
Sotiris Kashouris
29/05/1949
Nicosia
Christos M. Triantafyllides
Georgios Kashouris (civilian)
Last seen on 20 August 1974 in his village Eptakomi. The village had come under the control of the Turkish forces on 15 August and the applicant had been detained with other men in a house in the village.
Remains found on 19 September 2006 in a grave in the locality of Livadia (Sazliköy) (the grave contained the remains of 12 individuals); remains given to the family on 1 March 2008; formal letter of discovery and identification 28 March 2008.
The medical certificate for the cause of death dated 26 February 2008 indicated a bullet wound to the head.
45656/08
27/08/2008
Katina Christophi
11/06/1930
Limassol
Christos Christophi
22/10/1955
Larnaca
Militsa Panayi
18/01/1958
Dromolaksia
Maria Tsangaridou
29/01/1960
Limassol
Spyros Christophi
11/12/1972
Limassol
Androulla Kalli
06/09/1965
Limassol
Christos M. Triantafyllides
Leondios Christophi (civilian)
Last seen in the morning of 21 August 1974 in his village Eptakomi which had come under the control of the Turkish forces. The applicant had been detained with other men in a house in the village and was taken away by Turkish soldiers or persons under their command that morning.
Remains found on 19 September 2006 in a grave in the locality of Livadia (Sazliköy) (with 11 other remains);
letter by CMP informing relatives of discovery and identification of remains dated 28 March 2008.
The medical certificate for the cause of death dated 20 March 2008 indicated a bullet wound to the head and bullet wound to the lower jaw.
B. Yiallousa village cases
5210/08
18/01/2008
Lysimachi Elia
18/05/1947
Nicosia
Elena Elia
17/10/1974
Nicosia
Andreas Elia
27/07/1968
Nicosia
Elias Elia
22/09/1966
Nicosia
Andreas Angelides
Odysseas Elia (civilian)
Last seen on 19 August 1974 in the village of Yiallousa after being put on a bus with another 8 men from the village by Turkish soldiers (and/or their agents). Representatives of the International Red Cross visited Pavlides Garage in the Turkish-occupied sector of Nicosia and on 28 August 1974 recorded the names of 20 Greek Cypriots held there, including Mr Odysseas Elia (document EZY284D).
Remains found on 16 October 2006 in a grave near the village of Galatia in the district of Karpasia (the grave contained the remains of 11 individuals); remains given to family on 24 July 2007; letter by CMP informing relatives of discovery and identification of remains dated 17 December 2007.
The medical certificate for the cause of death dated 20 July 2007 indicated head wounds, a wound to the spinal cord and to the right leg/foot (πόδι).
5277/08
10/01/2008
Evagoras Hadjidemetri
19/08/1970
Nicosia
Agni Hadjidemetri Iosif
01/02/1972
Nicosia
Maria Glyki
28/06/1950
Nicosia
Maria Evagorou
15/06/1925
Nicosia
Andreas Angelides
Pavlos Hadjidemetri (civilian)
As above..
As above.
The medical certificate for the cause of death dated 12 July 2007 indicated wound to the skull and a wound to the left tibia.
4852/05
07/10/2004
Keti Cosma
10/05/1942
Nicosia
Elena Cosma
02/12/1966
Limassol
Christina Cosma
06/03/1964
Nicosia
Andreas Angelides
Christos Cosmas (civilian)
As above.
As above.
The medical certificate for the cause of death dated 20 July 2007 indicated a bullet wound to the head and a wound to the pelvis.
7048/08
19/01/2008
Agni Hadjinicolaou
22/03/1935
Nicosia
Christos Hadjinicolaou
11/04/1939
Cyprus
Panos Hadjinicolaou
15/10/1968
Nicosia
Spyros Hadjinicolaou
10/09/1969
Nicosia
Achilleas Demetriades
Christos Hadjinicolaou (civilian)
As above
As above.
The medical certificate for the cause of death dated 20 July 2007 indicated wounds to the head, a wound to the pelvis and a wound to the left hand.
16622/08
13/03/2008
Maria Savvidou
22/02/1949
Larnaca
Neophytos Savvides
13/07/1969
Lower Dudley
Phanoula Savvides
21/08/1970
Larnaca
Fokas Savvides
16/10/1974
Nicosia
Christos M. Triantafyllides
Stelios Savvides (civilian)
As above.
As above (save date of return of remains not specified).
The medical certificate for the cause of death dated 27 July 2007 indicated a bullet wound to the skull and a wound to the right arm.
C. Kazafani village cases
5247/08
18/01/2008
Giannis Strongylos
09/11/1949
Limassol
Elisavet Strongylou
15/09/1954
Nicosia
Androulla Michael
21/07/1952
London
Andreas Angelides
Georghios Strongylos (reservist – 251 Infantry Battalion – Glykiotissa, Kyrenia)
Last seen on 23 July 1974 in Kazafani village when his car came under attack. He was taken away by 9 Turkish soldiers with another 2 Greek-Cypriots whose cars had also been immobilised. The soldiers were accompanied by the Mustafa of Kazafani and head towards the village church.
Remains found in the area of Trouliou on 29 June 2005; given to family on 22 July 2007; letter by CMP informing relatives of discovery and identification of remains dated 17 December 2007.
The medical certificate for the cause of death dated 20 July 2007 indicated a bullet wound to the head, bullet wound to the spinal cord and a pelvic wound.
5270/08
18/01/2008
Eleni Kakouri
28/10/1950
Limassol
Andreas Kakouri
22/11/1971
Limassol
Photini Kakouri
29/09/1973
Limassol
Andreas Angelides
Iakovos Yiasoumi Kakouris (civilian)
As above
Remains found as above; given to family on 23 July 2007; letter by CMP informing relatives of discovery and identification of remains dated 17 December 2007.
The medical certificate for the cause of death dated 20 July 2007 indicated a bullet wound to the head, a wound to the spinal cord and wounds to the ribs.
D. Bellapais/Kyrenia cases
7086/08
29/01/2008
Constantinos Theocharides
09/11/1944
Nicosia
Evgenios Theocharides
01/03/1947
Nicosia
Achilles Emilianides
Evgenios Theocharides (reservist)
Last seen on 22 July 1974 in areas surrounded or about to be taken over by the Turkish Forces in Kyrenia. He had left Bellapais by car to go to Kyrenia to meet his fiancée.
Remains found in an olive grove at the southern outskirts of Kazafani (the grave contained the remains of 17 individuals). The burial site was excavated between 4-28 July 2005;
identification report dated 29 November 2007 by the Cyprus institute of Neurology and Genetics; letter by CMP informing relatives of discovery and identification of remains dated 17 December 2007.
The medical certificate for the cause of death dated 7 August 2007 indicated a wound to the head and a bullet wound to the pelvis.
7512/08
27/01/2008
Sotia Danezi
10/02/1975
Athens
Aliki Knutsen
20/05/1973
Nicosia
Loukia Danezi
13/02/1953
Nicosia
Charalambos Danezis
14/06/1953
Iraklio
Irene Danezi
08/07/1962
Nicosia
Maroulla Danezi
17/01/1927
Nicosia
Christos Clerides
Panikos Danezis (reservist)
Last seen on 22 July 1974 in the area of Bellapais, Kyrenia that came under the control of the Turkish Forces.
As above.
The medical certificate for the cause of death dated 10 August 2007 indicated a bullet wound to the head.
7439/08
05/02/2008
Varvara Stivarou
24/10/1931
Limassol
Andreas Stivaros
19/12/1953
Limassol
Demetrios Stivaros
22/08/1922
Limassol
Constantia Stivarou
25/02/1955
Limassol
Spyridon Stivaros
11/12/1956
Limassol
Eftychia Stivarou
07/08/1958
Limassol
Kallistheni Stivarou
05/11/1962
Limassol
Pericles Stivaros
21/07/1964
Limassol
Kallistheni Demetriou Stivarou
Andreas D. Stivaros
It appears that the applicant was last seen in the afternoon of 14 August 1974 in Akanthou village after the 361 Infantry Battalion (361 IB) in which he was serving withdrew from Pachyammos (Kyrenia).
Remains found on 10 May 2006 in the area of Knodhara (Gönendere) (Famagusta district) (with the remains of another three individuals that had served in the same battalion); remains given to family on 8 September 2007; letter by CMP informing relatives of discovery and identification of remains dated 17 December 2007.
The medical certificate for the cause of death dated 7 September 2007 indicated two bullet wounds to the head and a bullet wound to the left pelvis.
5281/08
22/01/2008
Phanos Xenophontos
18/02/1975
Nicosia
Constantinos Tambourlas
Georghios Poyiadjis Xenophontos
(reservist)
As above, save that the missing person was last seen on 16 August 1974.
Remains found on 8 April 2008 the family were given: (i) the identification report by the Cyprus institute of Neurology and Genetics dated 29 November 2007; (ii) the summary report of Anthropological identification by the CMP Bi communal forensic team dated 12 March 2008 (iii) a letter by the CMP informing relatives of discovery and identification of remains dated 17 December 2007.
The medical certificate for the cause of death dated 24 August 2007 indicated a bullet wound to the head and a bullet wound to the left ulna and radius.
E. Elia village cases
60676/08
28/11/2008
Maria Fivou Constantinou
08/01/1948
Limassol
Neofytos Fivou
18/04/1972
Limassol
Evgenia Fivou
28/03/1974
Limassol
Loukis G. Loucaides
Phivos (Constantinou) Kyprianou (civilian)
Last seen in the afternoon of 21 July 1974 in Elia village in Kyrenia. In the afternoon (at about 4.00 p.m.) they were arrested by Turkish troops and led to a nearby olive-grove. At about 6.00 p.m. the Turkish soldiers started separating the men from the women and children and firing at the men.
The families were notified that remains were found first orally on 4 June 2008; remains given June-August 2008.
On dates between 6 -25 November 2008 the family were given (i) the identification report by the Cyprus institute of Neurology and Genetics dated 31 July 2008; (ii) a letter by the CMP informing relatives of discovery and identification of remains dated 10 October 2008.
The medical certificate for the cause of death dated 16 July 2008 indicated a wound to the head; a wound to the left ulna and radius.
60678/08
28/11/2008
Eftichia Panagiotou
03/10/1949
Limassol
Panagiota Yiatrou
22/06/1944
Limassol
Loukis G. Loucaides
Christoforos Yiatrou (civilian)
As above.
As above.
The medical certificate for the cause of death dated 30 July 2008 indicated a bullet wound to the right arm; a wound to the right scapula and the left iliac bone.
60688/08
28/11/2008
Charita Mandoles
31/01/1946
Limassol
Maria Fivou Constantinou
08/01/1948
Limassol
Costas Neofytou
19/02/1951
Limassol
Loukis G. Loucaides
Neophytos Damaskinou (civilian)
As above.
As above.
The medical certificate for the cause of death dated 16 July 2008 does not provide any information concerning the cause of death.
60719/08
28/11/2008
Athanasios Kozakou
06/12/1928
Limassol
Maroulla Kozakou
23/06/1935
Limassol
Christakis Kozakou
14/08/1961
Limassol
Xenia Ioannou
21/01/1964
Limassol
Lida Kozakou
01/11/1968
Limassol
Loukis G. Loucaides
Yiannakis Kozakos (civilian)
As above.
As above.
The medical certificate for the cause of death dated 7 July 2008 indicated wounds to the head, lower mandible, right radius and femoral bone.
60734/08
28/11/2008
Charita Mandoles
31/01/1946
Limassol
Irene Mandoles
07/04/1972
Limassol
Yiannis Mandoles
27/06/1973
Limassol
Loukis G. Loucaides
Andreas Mandoles (civilian)
As above.
As above.
The medical certificate for the cause of death dated 16 July 2008 indicated a bullet wound to the left tibia.
60742/08
28/11/2008
Maria Georgiou
06/07/1963
Nicosia
Georgia Pasiardi
30/07/1965
Nicosia
Evgenia Georgiou
13/02/1938
Nicosia
Loukis G. Loucaides
Costas Melissos (civilan)
As above.
As above.
The medical certificate for the cause of death dated 27 June 2008 indicated a bullet wound to the thoracic vertebra down to 2nd lumbar verterbra.
60771/08
05/12/2007
Eleni Contemenioti
15/09/1935
Nicosia
Marianna Contemenioti
04/11/1972
Nicosia
Loukis G. Loucaides
Christakis Contemeniotis (civilian)
As above.
In addition in this application it is stated that after the shooting the women and the children were taken away and were not allowed to go near the men.
As above.
The medical certificate for the cause of death dated 10 September 2008 indicated a wound to the head; a wound to the right arm and to the 12th thoracic vertebra.
60696/08
05/12/2007
Chrystalla Metaxaki
17/07/1956
Nicosia
Giorgos Metaxakis
05/03/1959
Nicosia
Eleni Metaxaki
12/05/1957
Nicosia
Artemis Kyriacou
11/09/1976
Nicosia
Angela Kyriacou
05/11/1980
Nicosia
Kyriacou Spyros
29/03/1982
Nicosia
Zacharoulla Kyriacou
12/01/1956
Nicosia
Loukis G. Loucaides
Spyros Kellouras (civilian)
As above.
As above.
The medical certificate for the cause of death dated 27 June 2008 indicated a wound to the right pelvis and to the right femoral bone probably caused by a bullet.
F. Chatos/Kiados cases
4584/10
23/12/2009
Petros Scordis
23/04/1944
Dhali
Alecos Scordis
05/07/1947
Dahli
Paraskevi Scordis Hadjikyriacou
05/07/1947
Dhali
Eleni Scordis Kallenou
01/06/1960
Dhali
Achilleas Demetriades
Christoforos Skordis (reservist)
The victim was with the 398th infantry battalion stationed in Kythrea. Last seen on 14 August 1974 with 4 comrades in the custody of Turkish soldiers near the village of Chatos (Kiados). He was photographed while in detention by a journalist working for a Turkish newspaper who was covering the event and who was captured on that above date by the Cypriot national guard (five men from the same battalion appear in the photo).
The remains were found in a well in Kiados (containing the remains of 19 individuals) and exhumed between 22 November and 3 December 2006.
The family were given the remains in August-September 2009. On 15 December 2009 the families were given (i) the identification report by the Cyprus institute of Neurology and Genetics dated 6 August 2009; (ii) the summary report of Anthropological identification by the CMP Bi communal forensic team dated 12 October 2009 (iii) a letter by CMP informing relatives of discovery and identification of remains dated 24 September 2009.
The medical certificate for the cause of death signed by a doctor and dated 24 August 2009 indicated a bullet wound / wounds to the head and a wound/ wounds to the right and left arms.
5189/10
22/01/2010
Georgia Stefanie
08/04/1925
Neapolis
Andreas Hadjikyriakou
21/02/1953
Neapolis
Maria Hadjikyriakou
25/03/1955
Limasol
Achilleas Demetriades
Philippos Hadjikyriakou (reservist)
As above.
As above.
The medical certificate for the cause of death dated 1 September 2009 indicated wounds by two bullets to the head and wounds caused by a pointed cutting instrument to the 3rd and 4th cervical vertebrae.
7839/10
29/01/2010
Evi Akhniotou
11/01/1950
Famagusta
Achilleas Demetriades
Philippos Hadjikyriakou (reservist)
As above.
As above.
The medical certificate for the cause of death signed by a doctor and dated 1 September 2009 indicated a bullet wound to the head.
6081/10
14/01/2010
Chrystalla Korelli
31/07/1945
Strovolos
Androulla Korelli
16/02/1972
Strovolos
Soteroulla Korelli
25/01/1975
Strovolos
Achilleas Demetriades
Antonakis Korellis (reservist)
As above.
According to a witness statement the victim was at Seray prison from 15 -20 August 1974 and was then transferred to Kyrenia and then to Adana prison in Turkey – last seen in the prison yard on 22 August 1974.
As above.
The medical certificate for the cause of death dated 27 August 2009 indicated a bullet wound to the head.
4649/10
30/12/2009
Maria Stavraki Georgaki
13/10/1944
Lamaka
Achilleas Demetriades
Andreas Theocharis Stavraki (reservist)
The victim had been serving with the 398th infantry battalion in Kythrea. According to a message sent via the I.C.R.C. the victim was apparently last seen in Kornokipos village around 20 September 1974. The village was under the control of the Turkish troops,
Remains found in the mass grave in a well in Kiados and given to family on 9 October 2009.
The medical certificate for the cause of death dated 8 October 2009 indicated two bullet wounds to the head. A post-mortem examination dated 7 October 2009 carried out by a forensic pathologist/pathological anatomist indicated as the cause of death a bullet wound to the head fired by a low velocity weapon at relatively close range. The doctor also noted that the hands were missing and that “there was a suspicion of a second bullet having passed through the temporo-parietal regions”.
G. Other
59490/09
08/10/2009
Eleni Rossides
[date of birth]
Nicosia
Kypros Rossides
[date of birth]
Sydney
Konstantinos Rossides
[date of birth]
Nicosia
Maria Vakanas
[date of birth]
Nicosia
Xenis Xenofontos
Konstantinos (Kostakis) Rossides
Last seen on 22 July 1974 in Ayios Georgios, Kyrenia with other men belonging to the 33rd Infantry Battalion. The battalion had retreated to Kyrenia.
Remains found in Templos village in the Kyrenia District (grave contained the remains of 2 individuals) and were exhumed between 12-13 September 2006. The applicants stated that they were notified of this discovery on or about 9 April 2009; (i) the summary report of Anthropological identification by the CMP Bi communal forensic team dated 17 August 2009 (ii) a letter by CMP informing relatives of discovery and identification of remains dated 21 July 2009.
The medical certificate for the cause of death dated 10 April 2009 indicated a wound to the skull and to the right fibula (calf bone).
37368/08
02/07/2008
Anastasia Hadjisoteriou
21/03/1951
Nicosia
Frosa Hadjisoteri
25/03/1924
Limassol
Kyriakos Konstantinou
30/10/1948
Limassol
Soteris Antoni
05/12/1945
London
Andreas Angelides
Antonis Constanti Hadjisoteri
Last seen on 20 August 1974 in his village of Komi Kebir, which had come under the control of the Turkish forces. During the day the men were detained at the village coffee bar. On 20 August 1974 the applicant was taken away from the coffee bar, along with another five co-villagers, by Turkish soldiers. They were all seen entering a vehicle which drove off to an unknown location.
Remains found on 19 September 2006 on 19 September 2006 in a grave in the locality of Livadia (Sazliköy) (with remains of 11 others)[1]; given to the family on 18 April 2008; letter by CMP informing relatives of discovery and identification of remains dated 28 March 2008.
The medical certificate for the cause of death signed by a doctor and dated 7 March 2008 indicated two bullet wounds to the head.
[1] Appears to be the same grave as in cases of Kashouris and Others v. Turkey (no. 29673/08) and Christophi and Others v. Turkey (no. 45656/08).
Full & Egal Universal Law Academy