Lewis Power KC success in Cyprus rape case investigation to be re-opened and legal procedures to be changed in rape and sexual abuse cases following European Court of Human Rights judgment

Lewis Power KC, who spearheaded the legal team securing victory for their client at the European Court of Human Rights in the highly reported rape case of X v. Cyprus confirms the investigation is to be re-opened and that Republic of Cyprus has published a new action plan for investigation. This case concerns the authorities’ failure to effectively investigate the applicant’s complaint of gang rape and the subsequent criminal proceedings brought against her for public mischief, later overturned on appeal in 2019-2022. The Court also found that the applicant’s credibility had been assessed through prejudicial gender stereotypes and victim-blaming attitudes, with undue focus placed on her prior sexual conduct and perceived inconsistencies. These failures reflected entrenched societal biases and risked creating a background of impunity for gender-based violence, despite the existence of a satisfactory legislative framework (violations of Articles 3 and 8).

Lewis’ client, 19 at the time of the incident, told Cypriot police that she had been raped in Ayia Napa but retracted the allegation after being held without a lawyer. She was then prosecuted and convicted of public mischief at the District Court. Lewis  represented her along with Michael Polak and Cypriot lawyers Nicoletta Charalambidou and Ritsa Pekri and managed to overturn her conviction at the Supreme Court in Cyprus.

A request was made for the Attorney General of the Republic of Cyprus to order an investigation, but he refused to do so. An application was then made to the European Court of Human Rights.

On 27 February 2025 the Court released its judgment that held that Cypriot authorities breached article 3 – lack of effective investigation – and article 8 – right to respect for private and family life – of the European Convention on Human Rights through their investigative and prosecutorial failures.

In the court’s assessment, “the Cypriot authorities failed in their obligation to effectively investigate the applicant’s complaint of rape and to adopt a victim‑sensitive approach when doing so”.

Lewis Power KC stated: “This young girl’s basic human rights were stripped off her and she was let down by a flawed and archaic investigative system. She has courageously and relentlessly fought for justice for both herself and for the rights of all women across the globe. This final landmark decision by the European courts vindicates her completely and allows both her and other women to regain trust in the rule of law and in the condemnation of wicked.” Sky News story here

Lewis can be instructed for international law, human rights, or criminal matters by contacting clerks@furnivallaw.co.uk