Published on 26 July 2021
THIRD SECTION
Application no. 52551/18
Pavlos KRASHIAS and Others against Cyprus
and 5 other applications
(see list appended)
communicated on 5 July 2021
SUBJECT MATTER OF THE CASE
The applications concern the length of criminal proceedings.
Application no. 52551/18: On 27 April 2011 the applicants, a company and its directors, were criminally prosecuted (no. 9649/2011) for their refusal to pay a duty imposed by the customs department. On 6 October 2015 the Larnaca District Court found the applicants guilty of the offence and on 2 December 2015 it imposed on them a fine and ordered them in addition to pay the duty. On 14 December 2015 and 16 December 2015, the applicants and the Attorney General, respectively, appealed. On 30 April 2018 the Supreme Court dismissed the appeals.
Relying on Article 6 § 1 of the Convention the applicants complain about the length of the criminal proceedings.
Application no. 25900/19: On 16 September 2016 the Larnaca Assize Court found the applicant guilty of, inter alia, rape and sentenced him to thirteen years’ imprisonment. On 27 October 2016 the applicant appealed. At the time of application to the Court the Supreme Court had not yet issued a decision.
Relying on Articles 6 § 1 and 13 of the Convention the applicant complains about the length of the criminal appeal proceedings and the absence of an effective domestic remedy in this connection.
Applications nos. 63031/19 and 63042/19: The applicants are a company and its director. On 29 November 2013 they were charged for, inter alia, being in possession of certain buildings without having obtained the municipality’s final approval. On 31 January 2018 the Paphos District Court acquitted the applicants of all charges. On 13 February 2018 the District Officer appealed (no. 153/18) and on 27 March 2019 the Supreme Court set aside the first instance decision. On 31 May 2019 the Supreme Court imposed a fine on the applicants and issued an order for the demolition of the buildings
Relying on Article 6 § 1 of the Convention, the applicants complain about the length of the criminal proceedings.
Application no. 3351/20: On 27 August 2014 the applicant was indicted for, inter alia, forgery and producing false documents. The applicant pleaded guilty admitting the charges. Between 28 August 2014 and 9 March 2015, the applicant was detained. On 14 March 2019 the applicant was sentenced to 15 months’ imprisonment.
Invoking Article 6 § 1 of the Convention, he complains about the length of the criminal proceedings.
Application no. 16783/20: On 2 March 2015 the applicant was indicted for failure to pay instalments under a court order (case no. 1312/15). On 23 September 2019 the Attorney General agreed to the prosecution’s request to enter a nolle prosequi. As a result, on 2 October 2019 proceedings were discontinued.
Relying on Articles 6 § 1 and 13 of the Convention, the applicant complains about the length of the criminal proceedings and the absence of an effective domestic remedy in this connection.
QUESTIONS TO THE PARTIES
General question:
Was the length of the criminal proceedings in the present cases in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention? (see, mutatis mutandis, Georgiadis v. Cyprus, no. 50516/99, 14 May 2002)
Question specific to applications nos. 25900/19 and 16783/20:
Did the applicants have at their disposal an effective domestic remedy for their complaint under Article 6 § 1, as required by Article 13 of the Convention? (see, mutatis mutandis, Kudła v. Poland [GC], no. 30210/96, § 146-60, ECHR 2000‑XI)
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
1.
52551/18
Krashias and others v. Cyprus
26/10/2018
Pavlos KRASHIAS
1933
Nicosia
Cypriot
Michael KRASHIAS
1939
Nicosia
Cypriot
Charalambos KRASHIAS
1944
Nicosia
Cypriot
KRASHIAS FOOTWEAR INDUSTRY
1977
Nicosia
Cypriot
Andreas ANGELIDES
2.
25900/19
Mazid v. Cyprus
25/04/2019
Mohamed MAZID
1979
Nicosia
Egyptian
3.
63031/19
Tremetousiotis Developers Ltd v. Cyprus
28/11/2019
TREMETOUSIOTIS DEVELOPERS LTD
2002
Pafos
Cypriot
Savvas ZANNOUPAS
4.
63042/19
Tremetousiotis v. Cyprus
28/11/2019
Tasos TREMETOUSIOTIS
1962
Tala
Cypriot
Savvas ZANNOUPAS
5.
3351/20
Halmai v. Cyprus
01/01/2020
George Cristian HALMAI
1966
Kissonerga
Romanian
6.
16783/20
Irodotou v. Cyprus
23/03/2020
Marios IRODOTOU
1964
Pafos
Cypriot
Konstantinos MANOLIS
Full & Egal Universal Law Academy