**Landmark Ruling Awards €100,000 to Families of Two Missing Persons from 1974**
In a significant legal decision, the Supreme Court of Cyprus has awarded €100,000 in compensation to the families of two men who went missing during the Turkish invasion in 1974. The court ruled that the state failed to conduct a proper investigation into the abduction of Loizos Hadjigeorgiou and his son, Giorgos, who were taken from their home in the village of Strongylos, Famagusta, on August 15, 1974.
The court's ruling, delivered on Friday, overturned a previous decision made by the Nicosia district court in 2017, which had dismissed a lawsuit filed by the Hadjigeorgiou family against the state in 2009. The Supreme Court found that the state had violated Articles 2 and 3 of the European Convention on Human Rights, which pertain to the right to life and protection from inhuman or degrading treatment.
The Supreme Court emphasized that the case of the Hadjigeorgiou family required a distinct approach compared to other missing persons cases from the 1974 conflict. Evidence presented indicated that the two men were abducted by Turkish Cypriots who were also citizens of the Republic of Cyprus, rather than as part of a foreign military operation. This distinction imposed a duty on the authorities to conduct a “targeted, specialized and intensive investigation” into the abduction, including assessing potential criminal responsibility for the disappearance.
The court criticized the previous handling of the case, stating that treating it merely as another missing persons incident from the 1974 hostilities was “insufficient.” It also dismissed the argument that an obligation to investigate was contingent upon the discovery of the men’s remains, asserting that the duty to investigate arose from the circumstances of their disappearance, independent of whether their bodies were found.
Furthermore, the court highlighted that there had been information regarding individuals allegedly involved in the abduction, with one of them reportedly crossing into government-controlled areas in 1984. Despite this information, the Supreme Court found no evidence that Cypriot authorities had taken effective action in response.
The ruling clarified that the Commission on Missing Persons (CMP) in Cyprus, which aims to determine whether missing individuals are alive or deceased and to recover and identify remains, does not replace the state's obligation to conduct criminal investigations into disappearances. The court emphasized that the CMP's role is not to investigate criminal responsibility, thereby underscoring the necessity for state authorities to fulfill their investigative duties.
In its judgment, the Supreme Court acknowledged the prolonged anguish experienced by the families due to the lack of answers regarding the fate of their loved ones. The court determined that this failure to investigate had subjected the families to “a constant state of anguish and mental suffering,” and stressed that the responsibility of uncovering the truth should not fall on the families.
The compensation awarded included €25,000 for Loizos Hadjigeorgiou’s wife and Giorgos’ mother, with the remaining five appellants receiving €15,000 each, in addition to coverage of legal costs.
Family lawyer Antonis Georgiou expressed that the ruling clarifies the responsibilities of the state in cases where civilians disappear under life-threatening circumstances and where evidence exists that could facilitate an investigation into potential crimes. He noted that this decision could set a precedent for other missing persons cases where specific evidence about individuals involved in criminal acts is available.
This landmark ruling not only provides a measure of justice for the Hadjigeorgiou family but also reinforces the need for accountability and thorough investigations into past human rights violations in Cyprus. The Supreme Court's decision may pave the way for similar actions by other families seeking justice for their missing loved ones from the tumultuous events of 1974.