Murder suspects got a fair trial rules ECHR

Cypriot courts did not violate the right to a fair trial of three people sentenced to life in prison for the 2010 murder of the Dias publishing group CEO Andis Hadjicostis, the European Court of Human Rights (ECHR) ruled on Tuesday.

Shareholders of the Sigma television station Elena Skordeli and her brother Tasos Krasopoulis as well as Grigoris Xenophontos appealed to the European court in November and December 2016, three years after they received their life sentences.

The applicants petitioned the ECHR to rule per article 6 (right to a fair trial) of the European Convention on Human Rights, arguing that the guilty verdict in Cyprus was driven by the testimony of an accomplice.

This concerned the testimony of Fanos Hadjigeorgiou, who drove the getaway motorbike after the crime.

Hadjigeorgiou told police it was Xenophontos who fatally shot the Sigma boss outside his house on January 11, 2010.

By a majority of 6 to 1, the ECHR ruled that the rights of the three applicants were not violated due to the use of the testimony of their accomplice, Hadjigeorgiou. It upheld the findings of the Cypriot courts, which said Hadjigeorgiou had confessed out of remorse, without receiving any promise from authorities in return.

The decision by the attorney-general to use Hadjigeorgiou as a witness for the prosecution and not to press charges fell within the discretion of the office of the attorney-general, rather than constituting a continuation of a promise given to Hadjigeorgiou, who was placed in a witness protection programme.

It also ruled there was no violation of the relevant article in relation to the duration of judicial proceedings, amounting to five years and nine months, citing the complexity of these proceedings.

The applicants, the ECHR continued, did not specify the “vicarious intentions” which they attributed to the police, nor did they provide any evidence of an agreement between Hadjigeorgiou and the attorney-general’s office. Furthermore, they were aware at the time of the witness’ identity, the content of his confession and of the fact he would not be prosecuted.

At the criminal trial, the court added, the applicants’ attorneys had been able to cross-examine at their own discretion both Hadjigeorgiou as well as the police officers who had questioned him, while they did not request that the attorney general be cross-examined.

In his dissenting opinion, Judge Georgios Sergides cited the court’s case-law and said he found a violation of Article 6 of the Convention, adding that he would have awarded the applicants monetary compensation for non-material damage and costs. He said this amount need not be determined as his opinion is in the minority.

The three applicants were sentenced to life in jail in 2013 together with Andreas Gregoriou. Nicosia criminal court found that Skordelli and her brother – both shareholders in the Sigma television station – masterminded the assassination of Hadjicostis, whom they saw as impeding their plans to gain a controlling interest in the company.

Skordelli and her brother vowed to take recourse to the ECHR in June 2016 immediately after the Cyprus supreme court rejected their appeal for a re-trial.