Published on 9 October 2023
THIRD SECTION
Application no. 11500/23
Iosif IOSIF
against Cyprus
lodged on 9 March 2023
communicated on 22 September 2023
SUBJECT MATTER OF THE CASE
The applicant is awaiting trial on charges of attempted murder and other crimes in the Assize Court of Nicosia. When separately convicting his alleged co-perpetrators, the court named the applicant and made, as it later said, “very specific references to [his] direct and clear involvement in the crimes committed by the [co-perpetrators]”. A question may arise under Article 6 § 2 of the Convention if by doing so the court breached the applicant’s right to be presumed innocent until proved guilty according to law.
QUESTIONS TO THE PARTIES
1. Did the applicant have effective domestic remedies for the alleged breach of the presumption of innocence, as required by Article 13 of the Convention (see Konstas v. Greece, no. 53466/07, §§ 55-57, 24 May 2011)?
2. If he did, has he exhausted all of them, as required by Article 35 § 1 of the Convention?
3. Has the applicant complied with the time-limit laid down in Article 35 § 1 of the Convention? Which date should be regarded as the starting point for that time-limit?
4. Was the presumption of innocence, guaranteed by Article 6 § 2 of the Convention, respected in the present case (see Karaman v. Germany, no. 17103/10, 27 February 2014)?