EUROPEAN COMMISSION OF HUMAN RIGHTS
FIRST CHAMBER
Application No. 31106/96
Stavros Marangos
against
Cyprus
REPORT OF THE COMMISSION
(adopted on 3 December 1997)
TABLE OF CONTENTS
Page
I. INTRODUCTION
(paras. 1-15) . . . . . . . . . . . . . . . . . . . . . . . . .1
A. The application
(paras. 2-4). . . . . . . . . . . . . . . . . . . . . . .1
B. The proceedings
(paras. 5-10) . . . . . . . . . . . . . . . . . . . . . .1
C. The present Report
(paras. 11-15). . . . . . . . . . . . . . . . . . . . . .2
II. ESTABLISHMENT OF THE FACTS
(paras. 16-17). . . . . . . . . . . . . . . . . . . . . . . . .3
A. The particular circumstances of the case
(para. 16). . . . . . . . . . . . . . . . . . . . . . . .3
B. Relevant domestic law
(para. 17). . . . . . . . . . . . . . . . . . . . . . . .3
III. OPINION OF THE COMMISSION
(paras. 18-24). . . . . . . . . . . . . . . . . . . . . . . . .4
A. Complaint declared admissible
(para. 18). . . . . . . . . . . . . . . . . . . . . . . .4
B. Point at issue
(para. 19). . . . . . . . . . . . . . . . . . . . . . . .4
C. As regards Article 8 of the Convention
(paras. 20-23). . . . . . . . . . . . . . . . . . . . . .4
CONCLUSION
(para. 24). . . . . . . . . . . . . . . . . . . . . . . .4
APPENDIX: DECISION OF THE COMMISSION AS TO THE
ADMISSIBILITY OF THE APPLICATION. . . . . . . . . . . . .5
I. INTRODUCTION
1. The following is an outline of the case as submitted to the
European Commission of Human Rights, and of the procedure before the
Commission.
A. The application
2. The applicant is a Cypriot citizen, born in 1959 and resident in
Strovolos, in Cyprus. He was represented before the Commission by
Mr S. Drakos, an advocate practising in Nicosia.
3. The application is directed against Cyprus. The respondent
Government were represented by their Agent, Mr Alecos Markides, the
Attorney-General of the Republic of Cyprus.
4. The case concerns the continued prohibition of male homosexual
conduct in private between adults in Cyprus. The applicant invokes
Article 8 of the Convention.
B. The proceedings
5. The application was introduced on 11 March 1996 and registered
on 22 April 1996.
6. On 14 October 1996 the Plenary Commission decided, pursuant to
Rule 48 para. 2 (b) of its Rules of Procedure, to give notice of the
application to the respondent Government and to invite the parties to
submit written observations on the admissibility and merits of the
applicant's complaint under Article 8 concerning the prohibition of
male homosexual conduct in private between adults.
7. The Government's observations were submitted on 19 December 1996.
The applicant replied on 17 February 1997.
8. On 20 May 1997 the Plenary Commission declared admissible the
applicant's complaint under Article 8 of the Convention concerning
prohibition of male homosexual conduct in private between adults. It
declared inadmissible the remainder of the application. It also decided
to transfer the case to the First Chamber.
9. The text of the Commission's decision on admissibility was sent
to the parties on 2 June 1997 and they were invited to submit such
further information or observations on the merits as they wished.
10. After declaring the case admissible, the Commission, acting in
accordance with Article 28 para. 1 (b) of the Convention, also placed
itself at the disposal of the parties with a view to securing a
friendly settlement. In the light of the parties' reaction, the
Commission now finds that there is no basis on which such a settlement
can be effected.
C. The present Report
11. The present Report has been drawn up by the Commission (First
Chamber) in pursuance of Article 31 of the Convention and after
deliberations and votes, the following members being present:
Mrs J. LIDDY, President
MM M.P. PELLONPÄÄ
E. BUSUTTIL
A. WEITZEL
C.L. ROZAKIS
L. LOUCAIDES
B. MARXER
B. CONFORTI
N. BRATZA
I. BÉKÉS
G. RESS
A. PERENIC
C. BÎRSAN
K. HERNDL
M. VILA AMIGÓ
Mrs M. HION
Mr R. NICOLINI
12. The text of this Report was adopted on 3 December 1997 by the
Commission and is now transmitted to the Committee of Ministers of the
Council of Europe, in accordance with Article 31 para. 2 of the
Convention.
13. The purpose of the Report, pursuant to Article 31 of the
Convention, is:
(i) to establish the facts, and
(ii) to state an opinion as to whether the facts found disclose
a breach by the State concerned of its obligations under
the Convention.
14. The Commission's decision on the admissibility of the application
is annexed hereto.
15. The full text of the parties' submissions, together with the
documents lodged as exhibits, are held in the archives of the
Commission.
II. ESTABLISHMENT OF THE FACTS
A. The particular circumstances of the case
16. The applicant is a homosexual. He states that he finds it
difficult to live in Cyprus because certain homosexual acts continue
to be a criminal offence.
B. Relevant domestic law
17. The Criminal Code of Cyprus provides as follows:
Section 171
"Any person who -
(a) has carnal knowledge of any person against the order of
nature; or
(b) permits a male person to have carnal knowledge of him
against the order of nature, is guilty of a felony and is
liable to imprisonment for five years."
Section 172
"Any person who with violence commits either of the offences
specified in the last preceding Section is guilty of a felony and
liable to imprisonment for fourteen years."
Section 173
"Any person who attempts to commit either of the offences
specified in Section 171 is guilty of a felony and is liable to
imprisonment for three years, and if the attempt is accompanied
with violence he is liable to imprisonment for seven years."
III. OPINION OF THE COMMISSION
A. Complaint declared admissible
18. The Commission has declared admissible the applicant's complaint
that the criminal prohibition of male homosexual conduct in private
between adults amounts to an unjustified interference with his right
to respect for his private life.
B. Point at issue
19. The only point at issue is whether there has been a violation of
Article 8 (Art. 8) of the Convention.
C. As regards Article 8 (Art. 8) of the Convention
20. Article 8 (Art. 8) of the Convention provides as follows:
"1. Everyone has the right to respect for his private and
family life, his home and his correspondence.
2. There shall be no interference by a public authority with
the exercise of this right except such as is in accordance with
the law and is necessary in a democratic society in the interests
of national security, public safety or the economic well-being
of the country, for the prevention of disorder or crime, for the
protection of health or morals, or for the protection of the
rights and freedoms of others."
21. The respondent Government refer to the Modinos v. Cyprus judgment
of 22 April 1993 (Eur. Court HR, Series A no. 259) and accept that the
continued existence on the statute book of the prohibition of
homosexual conduct in private between adults gives rise to an
interference with the applicant's right to respect for his private life
under Article 8 para. 1 (Art. 8-1) of the Convention, notwithstanding
the fact that the applicant has never been charged and prosecuted under
the relevant provisions of the Criminal Code.
22. The Commission recalls that in its Modinos v. Cyprus judgment of
22 April 1993 the European Court of Human Rights found that the
prohibition of male homosexual conduct in private between adults
continuously and directly affected the private life of the applicant
in that case, who was a homosexual, and gave rise to a violation of
Article 8 (Art. 8) of the Convention.
23. The Commission notes that the applicant is a homosexual and that
male homosexual conduct in private between adults continues to be a
criminal offence in Cyprus. It follows that the same conclusion as in
the Modinos v. Cyprus case must be reached and that the violation of
Article 8 (Art. 8) of the Convention found by the Court continues to
exist.
CONCLUSION
24. The Commission concludes, unanimously, that there has been a
violation of Article 8 (Art. 8) of the Convention.
M.F. BUQUICCHIO J. LIDDY
Secretary President
to the First Chamber of the First Chamber
Full & Egal Universal Law Academy