**Strongylos Ruling Could Have Wider Implications for Missing Persons Cases**
The recent ruling by the Supreme Court of Cyprus regarding the disappearance of two men from Strongylos in 1974 has the potential to influence other missing persons cases from the same period. The court's decision, which found violations of Articles 2 and 3 of the European Convention on Human Rights (ECHR), was particularly significant as it involved the alleged abduction of Loizos Hadjigeorgiou and his son Giorgos by Turkish Cypriot residents, rather than Turkish soldiers.
Lawyer Achilleas Demetriades, who spoke to the Cyprus News Agency, emphasized the importance of the ruling, noting that the court determined the state had failed to conduct an effective investigation into the disappearances. The court's findings highlighted the need for a "targeted and intensive investigation" into the possible criminal responsibility surrounding the case, which could set a precedent for similar situations.
The case of Hadjigeorgiou and his son is distinct from many other disappearances linked to the Turkish invasion of Cyprus in 1974. Evidence suggested that individuals involved in their abduction may have subsequently entered government-controlled areas, which raises questions about the responsibilities of both the state and the Turkish Cypriots involved. Demetriades pointed out that the ruling acknowledged the possibility of "parallel responsibility" for violations, indicating that both parties could be held accountable for the lack of effective investigation.
On August 15, 1974, during the second phase of the Turkish invasion, Loizos and Giorgos Hadjigeorgiou disappeared. The Supreme Court's decision overturned a previous ruling from a Nicosia district court that had dismissed their case in 2017. As a result of the Supreme Court's findings, the family was awarded €100,000 in damages.
The court rejected the notion that the obligation to investigate the disappearances was contingent upon the discovery of the men’s remains. Demetriades asserted that the authorities' obligation to investigate remains active as long as a person's fate is unknown. He emphasized the humanitarian aspect of the issue, stating that families have a right to know what happened to their loved ones.
In light of these ongoing challenges, Demetriades proposed the establishment of a 'truth commission' for missing persons as part of a broader transitional justice process. He believes that such a commission would not only help families learn the fates of their missing relatives but could also serve as a confidence-building measure in addressing the longstanding Cyprus problem.
The Committee on Missing Persons (CMP) currently lists a total of 2,002 individuals as missing, which includes 1,510 Greek Cypriots and 492 Turkish Cypriots. As of this month, the remains of 1,069 missing persons have been identified and returned to their families. However, Demetriades noted that the circumstances surrounding many of these disappearances remain unclear, as the CMP maintains confidentiality regarding its files.
The lawyer argued that a truth commission could provide relatives with information about cases that cannot be resolved through traditional criminal proceedings. He suggested that such a commission could grant immunity to individuals in exchange for information, a practice seen in transitional justice processes in other countries. This approach, he argued, prioritizes the public interest and the need for families to receive the truth over the pursuit of legal punishment for perpetrators.
Additionally, Demetriades raised concerns about Cyprus' failure to ratify the United Nations Convention for the Protection of All Persons from Enforced Disappearance. This convention obligates states to criminalize enforced disappearances, even during wartime, and guarantees victims' families the right to know the truth about their loved ones. Although Cyprus signed the convention on February 6, 2007, it has yet to ratify it, prompting Demetriades to question the reasons behind this delay.
As the implications of the Supreme Court's ruling continue to unfold, it is clear that the case of Loizos and Giorgos Hadjigeorgiou may serve as a crucial reference point for other missing persons cases in Cyprus. The ruling not only addresses the specific circumstances of their disappearance but also highlights broader issues of accountability, investigation, and the rights of families seeking closure in the face of unresolved tragedies.