Handling of Napa rape case highlights ‘systemic sexism’

Cyprus’ legal system was tested and failed in its handling of the 2019 Ayia Napa gang rape case concerning a British woman, the chairwoman of the House human rights committee said on Monday, warning that this might prevent other women from reporting assaults of a similar nature in the future.

Akel MP Ireni Charalambidou was commenting after the Supreme Court recently overturned the conviction of the then 19-year-old woman who filed and later retracted a complaint she had been raped by 12 Israelis in Ayia Napa in 2019.

Cyprus was found, once again, in an extremely difficult position after its top court decided on January 31 this year that the woman did not get a fair trial “in a matter so sensitive that it concerns the rape of a woman by 12 men” Charalambidou said.

“What woman will be able to comfortably report such an incident after this parody?” the chairwoman asked.

The committee met on Monday to discuss protocols for dealing with victims, for police investigation of complaints, as well as training of judges in gender-based violence and media coverage of such cases.

During the discussion, MPs heard from representatives of ministries and departments on what procedures are followed in cases of rape allegations and how they handled the case of the English woman. The now 21-year-old woman said she was interrogated for hours while she was traumatised and in the absence of a lawyer or translator before signing a retraction that she had been raped.

Police were also asked to submit a written response regarding reports suggesting the officer who ran the investigation received a promotion instead of being reprimanded.

A police representative told MPs that police are reviewing their handling of the case in collaboration with the legal service.

During the discussion, MPs spoke of “systemic sexism” that pervades the whole system, as well as “misogyny” and “failure of the state to handle such issues”, while they referred to the need for proper training of those handling such cases and called for the effective implementation of protocols.

On behalf of the justice ministry, Aristos Tsiartas told MPs the specific case was very serious and it was the first time that authorities were tested in their implementation of the Istanbul Convention Action against violence against women and domestic violence

The convention, which creates a comprehensive legal framework for the prevention of all forms of violence against women, was incorporated in the republic’s legislation last May, Tsiartas said.

He added that Justice Minister Stephie Dracou instructed the review of the Supreme Court’s decision and to make any changes needed.

The decision is being evaluated by the legal service, according to a spokesperson, while a team has been set up to re-evaluate the police file.

“There is a problematic understanding of what is gender-based violence and it is not enough to issue pamphlets or hold one or two seminars sporadically,” Charalambidou said after the meeting. “Those on the front line, who receive and handle cases of victims of violence should have specialised training.”

She added victims should be aware of their rights and which services to contact.

“These are all serious issues that are likely to act as a deterrent to a woman’s decision to report an incident of gender-based violence,” Charalambidou said.

The British woman, who has not been officially named, reported her rape by a group of Israeli tourists aged 15 to 22, in July 2019, but was charged when she retracted her initial complaint a little over a week later.

The 12 Israeli youths were detained for questioning but swiftly released after the woman withdrew her accusation.

She was handed a four-month suspended jail sentence in January 2020 for causing public mischief.

Cyprus police had then denied any mishandling of the case.

The overturning of her sentence by the Supreme Court was described as a “watershed moment” by a member of her legal team. The ruling concerned whether the woman had misled authorities and given a false statement and not the alleged rape itself, which was reiterated throughout the court proceedings.

There have been calls on police to reopen the case as a rape complaint.