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European Court of Human Rights |
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You are here: BAILII >> Databases >> European Court of Human Rights >> Despina CHARALAMBOUS and Others v Turkey - 46744/07 [2009] ECHR 908 (1 June 2010) URL: http://www.bailii.org/eu/cases/ECHR/2010/908.html |
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FOURTH SECTION
PARTIAL DECISION
AS TO THE ADMISSIBILITY OF
Application no.
46744/07
Despina CHARALAMBOUS and Others
and 28 other cases
against Turkey
(see list appended)
The European Court of Human Rights (Fourth Section), sitting on 1 June 2010 as a Chamber composed of:
Nicolas Bratza, President,
Lech
Garlicki,
Giovanni Bonello,
Ljiljana
Mijović,
David Thór Björgvinsson,
Ledi
Bianku,
Işıl Karakaş, judges,
and
Fatoş Aracı, Deputy
Section Registrar,
Having regard to the above applications lodged on the dates set out in the Annex;
Having deliberated, decides as follows:
THE FACTS
The applicants are Cypriot nationals. Their names, dates of birth and places of residence are set out in the Annex.
The facts of the case, as submitted by the applicants, may be summarised as follows.
The applicants are relatives of 29 Greek-Cypriot men, both civilians and army personnel, who went missing in July-August 1974 following the invasion of northern Cyprus by Turkish armed forces. These men were listed as missing persons, the information being given to the Red Cross and the United Nations.
The remains of the missing men have been found during exhumations carried out by the United Nations Committee for Missing Persons between 2005 9 (“CMP”). Further details are set out in the Annex.
COMPLAINTS
All applicants complain under Article 2 about the disappearance and death of their relatives and the lack of effective investigation into those matters, as well as invoking Articles 3 (as concerns the victim and/or themselves) and 5 in that regard.
The applicants (save those in nos. 7048/08, 60676/08, 60678/08, 60688/08, 60719/08, 60734/08, 60742/08, 60771/08, 60696/08) complain under Article 8 of the effect on their family life of the disappearance.
The applicants (save for those in nos. 60676/08, 60678/08, 60688/08, 60719/08, 60734/08, 60742/08, 60771/08, 60696/08) complain that the above matters disclose violations of Article 14.
In addition, the applicants in 7086/08 invoke Article 4 in respect of their relatives' disappearance; the applicants in nos. 46744/07, 29673/08 and 45656/08 complain under Articles 6, 7, 9, 10 and 17 of the Convention; and the applicant in 5281/08 invokes Articles 6 and 12.
The applicants in nos. 5210/08, 5277/08, 4852/05, 5247/08, 5270/08, 37368/08, 7086/08, 7512/08, 5281/08, 60676/08, 59490/09, 4584/10, 4649/10, 5189/10, 6081/10, 7839/10 complain under Article 13.
The applicants in nos. 5210/08, 5277/08, 4852/05, 5247/08, 5270/08, and 37368/08 complain under Article 1 of Protocol No. 1 that they were deprived of the financial support of their relative.
THE LAW
The Court observes that Turkey recognised the right of individual petition on 28 January 1987. Insofar therefore as the applicants' complaints are based on the event of disappearance and alleged deprivation of liberty in 1974, the Court lacks temporal jurisdiction (see Blečić v. Croatia [GC], no. 59532/00, § 70, ECHR 2006 III; Varnava and Others, cited above. This part of the application must therefore be rejected as incompatible ratione temporis pursuant to Article 35 §§ 3 and 4 of the Convention.
The Court recalls that, pursuant to Article 35 § 1 of the Convention, it may only deal with a matter “within a period of six months from the date on which the final decision was taken”.
In Varnava and Others, cited above, the Court had occasion to consider the application of the six-month rule in cases concerning missing persons from the 1974 conflict. It noted as follows:
“In a complex disappearance situation such as the present, arising in a situation of international conflict, where it is alleged that there is a complete absence of any investigation or meaningful contact with the authorities, it may be expected that the relatives bring the case within, at most, several years of the incident. If there is an investigation of sorts, even if sporadic and plagued by problems, the relatives may reasonably wait some years longer until hope of progress being made has effectively evaporated. Where more than ten years has elapsed, the applicants would generally have to show convincingly that there was some ongoing, and concrete, advance being achieved to justify further delay in coming to Strasbourg.”
It concluded (at § 170):
“The Court considers that the applicants, who were amongst a large group of persons affected by the disappearances, could, in the exceptional situation of international conflict where no normal investigative procedures were available, reasonably await the outcome of the initiatives taken by their Government and the United Nations. These procedures could have resulted in steps being taken to investigate known sites of mass graves and provided the basis for further measures. The Court is satisfied, however, that by the end of 1990 it must have become apparent that the problematic, non-binding, confidential nature of these processes no longer offered any realistic hope of progress in either finding bodies or accounting for the fate of their relatives in the near future.”
The applicants in Varnava having applied to the Court in January 1990, they were found to have acted with reasonable expedition for the purposes of Article 35 § 1 and the Government's preliminary objection to the contrary was rejected.
In the present cases, which also concerned disappearances during the conflict in 1974, the applicants applied to the Court between 21 November 2008 and 30 September 2009. In light of the Court's conclusion in Varnava, it should have been apparent by the end of 1990 that the CMP procedure had failed to make any concrete advance in uncovering the fate of the applicants' relatives (see Varnava and Others, cited above, §§ 165 to 166). Nor is there any evidence in the present applications of any other form of investigative activity post-1990 which could have provided to the applicants some indication, or realistic possibility, of progress in relation to their relatives' disappearances and which could have justified a further lapse of eighteen years or more in coming to Strasbourg.
It follows that the applicants' complaints relating to the lack of effective investigation into the disappearances of their relatives in 1974 were introduced out of time and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.
For these reasons, the Court unanimously
Decides to adjourn the examination of the applicants' complaints concerning the lack of investigation following the discovery of the remains of their relatives and the treatment which they suffer as a result;
Declares the remainder of the application inadmissible.
Fatoş Aracı Nicolas Bratza
Deputy Registrar President
A N N E X
|
Appl. no. |
Lodged on |
Applicant name date of birth place of residence |
Represented by |
Name of victim |
Date and circumstances of desappearance |
Date and location of discovery of body and id documents |
Details of forensic report (date and cause of death/findings)
|
|
|
A. Eptakomi village cases |
||||||||
|
|
46744/07 |
16/10/2007 |
Despina Charalambous 20/07/1935 Limassol Charalambos Charalambous 26/09/1956 London Gregoris Demetriou 28/12/1958 Enfield Katerina Pounna 19/03/1953 Oal |
Christos M. Triantafyllides |
Demetrios Koutras Charalambous (civilian) |
Last seen on 20 August 1974 in Galatia (Mehmetçki) in the district of Karpasia by his two sons and his wife's nephew. They had all been arrested in their village of Eptakomi that had come under the control of the Turkish forces and taken to Galatia where they had been detained in the village association. He was seen taken away by Turkish soldiers. |
Remains found on 16 October 2006 in a grave near the village of Galatia (with 10 other remains); the applicants were notified in July 2007 that the remains had been found. |
The medical certificate for the cause of death dated 17 July 2007 indicated two bullet wounds to the skull; wounds to the pelvis and wounds to the ribs on both sides. |
|
|
29673/08 |
03/06/2008 |
Ioannis Kashouris 25/01/1944 Nicosia Olympiada Neophytou Kashouri 29/05/1949 Nicosia Maria Kashouri 01/12/1951 Athens Christalleni Kashouri 02/01/1955 Nicosia Sotiris Kashouris 29/05/1949 Nicosia |
Christos M. Triantafyllides |
Georgios Kashouris (civilian) |
Last seen on 20 August 1974 in his village Eptakomi. The village had come under the control of the Turkish forces on 15 August and the applicant had been detained with other men in a house in the village. |
Remains found on 19 September 2006 in a grave in the locality of Livadia (Sazliköy) (the grave contained the remains of 12 individuals); remains given to the family on 1 March 2008; formal letter of discovery and identification 28 March 2008.
|
The medical certificate for the cause of death dated 26 February 2008 indicated a bullet wound to the head. |
|
|
45656/08 |
27/08/2008 |
Katina Christophi 11/06/1930 Limassol Christos Christophi 22/10/1955 Larnaca Militsa Panayi 18/01/1958 Dromolaksia Maria Tsangaridou 29/01/1960 Limassol Spyros Christophi 11/12/1972 Limassol Androulla Kalli 06/09/1965 Limassol |
Christos M. Triantafyllides |
Leondios Christophi (civilian) |
Last seen in the morning of 21 August 1974 in his village Eptakomi which had come under the control of the Turkish forces. The applicant had been detained with other men in a house in the village and was taken away by Turkish soldiers or persons under their command that morning. |
Remains found on 19 September 2006 in a grave in the locality of Livadia (Sazliköy) (with 11 other remains); letter by CMP informing relatives of discovery and identification of remains dated 28 March 2008.
|
The medical certificate for the cause of death dated 20 March 2008 indicated a bullet wound to the head and bullet wound to the lower jaw. |
|
B. Yiallousa village cases
|
||||||||
|
|
5210/08 |
18/01/2008 |
Lysimachi Elia 18/05/1947 Nicosia Elena Elia 17/10/1974 Nicosia Andreas Elia 27/07/1968 Nicosia Elias Elia 22/09/1966 Nicosia |
Andreas Angelides |
Odysseas Elia (civilian) |
Last seen on 19 August 1974 in the village of Yiallousa after being put on a bus with another 8 men from the village by Turkish soldiers (and/or their agents). Representatives of the International Red Cross visited Pavlides Garage in the Turkish-occupied sector of Nicosia and on 28 August 1974 recorded the names of 20 Greek Cypriots held there, including Mr Odysseas Elia (document EZY284D). |
Remains found on 16 October 2006 in a grave near the village of Galatia in the district of Karpasia (the grave contained the remains of 11 individuals); remains given to family on 24 July 2007; letter by CMP informing relatives of discovery and identification of remains dated 17 December 2007. |
The medical certificate for the cause of death dated 20 July 2007 indicated head wounds, a wound to the spinal cord and to the right leg/foot (πόδι). |
|
|
5277/08 |
10/01/2008 |
Evagoras Hadjidemetri 19/08/1970 Nicosia Agni Hadjidemetri Iosif 01/02/1972 Nicosia Maria Glyki 28/06/1950 Nicosia Maria Evagorou 15/06/1925 Nicosia |
Andreas Angelides |
Pavlos Hadjidemetri (civilian) |
As above.. |
As above.
|
The medical certificate for the cause of death dated 12 July 2007 indicated wound to the skull and a wound to the left tibia. |
|
|
4852/05 |
07/10/2004 |
Keti Cosma 10/05/1942 Nicosia Elena Cosma 02/12/1966 Limassol Christina Cosma 06/03/1964 Nicosia
|
Andreas Angelides |
Christos Cosmas (civilian) |
As above. |
As above. |
The medical certificate for the cause of death dated 20 July 2007 indicated a bullet wound to the head and a wound to the pelvis. |
|
|
7048/08 |
19/01/2008 |
Agni Hadjinicolaou 22/03/1935 Nicosia Christos Hadjinicolaou 11/04/1939 Cyprus Panos Hadjinicolaou 15/10/1968 Nicosia Spyros Hadjinicolaou 10/09/1969 Nicosia
|
Achilleas Demetriades |
Christos Hadjinicolaou (civilian) |
As above |
As above. |
The medical certificate for the cause of death dated 20 July 2007 indicated wounds to the head, a wound to the pelvis and a wound to the left hand. |
|
|
16622/08 |
13/03/2008 |
Maria Savvidou 22/02/1949 Larnaca Neophytos Savvides 13/07/1969 Lower Dudley Phanoula Savvides 21/08/1970 Larnaca Fokas Savvides 16/10/1974 Nicosia
|
Christos M. Triantafyllides |
Stelios Savvides (civilian) |
As above.
|
As above (save date of return of remains not specified). |
The medical certificate for the cause of death dated 27 July 2007 indicated a bullet wound to the skull and a wound to the right arm. |
|
C. Kazafani village cases |
||||||||
|
|
5247/08 |
18/01/2008 |
Giannis Strongylos 09/11/1949 Limassol
Elisavet Strongylou 15/09/1954 Nicosia Androulla Michael 21/07/1952 London |
Andreas Angelides |
Georghios Strongylos (reservist – 251 Infantry Battalion – Glykiotissa, Kyrenia) |
Last seen on 23 July 1974 in Kazafani village when his car came under attack. He was taken away by 9 Turkish soldiers with another 2 Greek-Cypriots whose cars had also been immobilised. The soldiers were accompanied by the Mustafa of Kazafani and head towards the village church. |
Remains found in the area of Trouliou on 29 June 2005; given to family on 22 July 2007; letter by CMP informing relatives of discovery and identification of remains dated 17 December 2007.
|
The medical certificate for the cause of death dated 20 July 2007 indicated a bullet wound to the head, bullet wound to the spinal cord and a pelvic wound. |
|
|
5270/08 |
18/01/2008 |
Eleni Kakouri 28/10/1950 Limassol Andreas Kakouri 22/11/1971 Limassol Photini Kakouri 29/09/1973 Limassol |
Andreas Angelides |
Iakovos Yiasoumi Kakouris (civilian) |
As above |
Remains found as above; given to family on 23 July 2007; letter by CMP informing relatives of discovery and identification of remains dated 17 December 2007.
|
The medical certificate for the cause of death dated 20 July 2007 indicated a bullet wound to the head, a wound to the spinal cord and wounds to the ribs. |
|
D. Bellapais/Kyrenia cases |
||||||||
|
|
7086/08 |
29/01/2008 |
Constantinos Theocharides 09/11/1944 Nicosia Evgenios Theocharides 01/03/1947 Nicosia |
Achilles Emilianides |
Evgenios Theocharides (reservist) |
Last seen on 22 July 1974 in areas surrounded or about to be taken over by the Turkish Forces in Kyrenia. He had left Bellapais by car to go to Kyrenia to meet his fiancée.
|
Remains found in an olive grove at the southern outskirts of Kazafani (the grave contained the remains of 17 individuals). The burial site was excavated between 4-28 July 2005; identification report dated 29 November 2007 by the Cyprus institute of Neurology and Genetics; letter by CMP informing relatives of discovery and identification of remains dated 17 December 2007. |
The medical certificate for the cause of death dated 7 August 2007 indicated a wound to the head and a bullet wound to the pelvis. |
|
|
7512/08 |
27/01/2008 |
Sotia Danezi 10/02/1975 Athens Aliki Knutsen 20/05/1973 Nicosia Loukia Danezi 13/02/1953 Nicosia Charalambos Danezis 14/06/1953 Iraklio Irene Danezi 08/07/1962 Nicosia Maroulla Danezi 17/01/1927 Nicosia |
Christos Clerides |
Panikos Danezis (reservist) |
Last seen on 22 July 1974 in the area of Bellapais, Kyrenia that came under the control of the Turkish Forces.
|
As above. |
The medical certificate for the cause of death dated 10 August 2007 indicated a bullet wound to the head. |
|
|
7439/08 |
05/02/2008 |
Varvara Stivarou 24/10/1931 Limassol
Andreas Stivaros 19/12/1953 Limassol Demetrios Stivaros 22/08/1922 Limassol Constantia Stivarou 25/02/1955 Limassol Spyridon Stivaros 11/12/1956 Limassol Eftychia Stivarou 07/08/1958 Limassol Kallistheni Stivarou 05/11/1962 Limassol Pericles Stivaros 21/07/1964 Limassol
|
Kallistheni Demetriou Stivarou |
Andreas D. Stivaros |
It appears that the applicant was last seen in the afternoon of 14 August 1974 in Akanthou village after the 361 Infantry Battalion (361 IB) in which he was serving withdrew from Pachyammos (Kyrenia).
|
Remains found on 10 May 2006 in the area of Knodhara (Gönendere) (Famagusta district) (with the remains of another three individuals that had served in the same battalion); remains given to family on 8 September 2007; letter by CMP informing relatives of discovery and identification of remains dated 17 December 2007.
|
The medical certificate for the cause of death dated 7 September 2007 indicated two bullet wounds to the head and a bullet wound to the left pelvis. |
|
|
5281/08 |
22/01/2008 |
Phanos Xenophontos 18/02/1975 Nicosia
|
Constantinos Tambourlas |
Georghios Poyiadjis Xenophontos (reservist) |
As above, save that the missing person was last seen on 16 August 1974. |
Remains found on 8 April 2008 the family were given: (i) the identification report by the Cyprus institute of Neurology and Genetics dated 29 November 2007; (ii) the summary report of Anthropological identification by the CMP Bi communal forensic team dated 12 March 2008 (iii) a letter by the CMP informing relatives of discovery and identification of remains dated 17 December 2007. |
The medical certificate for the cause of death dated 24 August 2007 indicated a bullet wound to the head and a bullet wound to the left ulna and radius. |
|
E. Elia village cases
|
||||||||
|
|
60676/08 |
28/11/2008 |
Maria Fivou Constantinou 08/01/1948 Limassol Neofytos Fivou 18/04/1972 Limassol Evgenia Fivou 28/03/1974 Limassol
|
Loukis G. Loucaides |
Phivos (Constantinou) Kyprianou (civilian) |
Last seen in the afternoon of 21 July 1974 in Elia village in Kyrenia. In the afternoon (at about 4.00 p.m.) they were arrested by Turkish troops and led to a nearby olive-grove. At about 6.00 p.m. the Turkish soldiers started separating the men from the women and children and firing at the men.
|
The families were notified that remains were found first orally on 4 June 2008; remains given June-August 2008. On dates between 6 -25 November 2008 the family were given (i) the identification report by the Cyprus institute of Neurology and Genetics dated 31 July 2008; (ii) a letter by the CMP informing relatives of discovery and identification of remains dated 10 October 2008. |
The medical certificate for the cause of death dated 16 July 2008 indicated a wound to the head; a wound to the left ulna and radius. |
|
|
60678/08 |
28/11/2008 |
Eftichia Panagiotou 03/10/1949 Limassol Panagiota Yiatrou 22/06/1944 Limassol |
Loukis G. Loucaides |
Christoforos Yiatrou (civilian) |
As above.
|
As above.
|
The medical certificate for the cause of death dated 30 July 2008 indicated a bullet wound to the right arm; a wound to the right scapula and the left iliac bone. |
|
|
60688/08 |
28/11/2008 |
Charita Mandoles 31/01/1946 Limassol Maria Fivou Constantinou 08/01/1948 Limassol Costas Neofytou 19/02/1951 Limassol |
Loukis G. Loucaides |
Neophytos Damaskinou (civilian) |
As above.
|
As above. |
The medical certificate for the cause of death dated 16 July 2008 does not provide any information concerning the cause of death. |
|
|
60719/08 |
28/11/2008 |
Athanasios Kozakou 06/12/1928 Limassol Maroulla Kozakou 23/06/1935 Limassol Christakis Kozakou 14/08/1961 Limassol Xenia Ioannou 21/01/1964 Limassol Lida Kozakou 01/11/1968 Limassol |
Loukis G. Loucaides |
Yiannakis Kozakos (civilian) |
As above. |
As above. |
The medical certificate for the cause of death dated 7 July 2008 indicated wounds to the head, lower mandible, right radius and femoral bone. |
|
|
60734/08 |
28/11/2008 |
Charita Mandoles 31/01/1946 Limassol Irene Mandoles 07/04/1972 Limassol Yiannis Mandoles 27/06/1973 Limassol |
Loukis G. Loucaides |
Andreas Mandoles (civilian) |
As above. |
As above. |
The medical certificate for the cause of death dated 16 July 2008 indicated a bullet wound to the left tibia. |
|
|
60742/08 |
28/11/2008 |
Maria Georgiou 06/07/1963 Nicosia Georgia Pasiardi 30/07/1965 Nicosia Evgenia Georgiou 13/02/1938 Nicosia |
Loukis G. Loucaides |
Costas Melissos (civilan) |
As above. |
As above. |
The medical certificate for the cause of death dated 27 June 2008 indicated a bullet wound to the thoracic vertebra down to 2nd lumbar verterbra. |
|
|
60771/08 |
05/12/2007 |
Eleni Contemenioti 15/09/1935 Nicosia Marianna Contemenioti 04/11/1972 Nicosia
|
Loukis G. Loucaides |
Christakis Contemeniotis (civilian) |
As above. In addition in this application it is stated that after the shooting the women and the children were taken away and were not allowed to go near the men. |
As above. |
The medical certificate for the cause of death dated 10 September 2008 indicated a wound to the head; a wound to the right arm and to the 12th thoracic vertebra. |
|
|
60696/08 |
05/12/2007 |
Chrystalla Metaxaki 17/07/1956 Nicosia Giorgos Metaxakis 05/03/1959 Nicosia Eleni Metaxaki 12/05/1957 Nicosia
Artemis Kyriacou 11/09/1976 Nicosia Angela Kyriacou 05/11/1980 Nicosia Kyriacou Spyros 29/03/1982 Nicosia Zacharoulla Kyriacou 12/01/1956 Nicosia |
Loukis G. Loucaides |
Spyros Kellouras (civilian) |
As above. |
As above.
|
The medical certificate for the cause of death dated 27 June 2008 indicated a wound to the right pelvis and to the right femoral bone probably caused by a bullet. |
|
F. Chatos/Kiados cases
|
||||||||
|
|
4584/10 |
23/12/2009 |
Petros Scordis 23/04/1944 Dhali Alecos Scordis 05/07/1947 Dahli Paraskevi Scordis Hadjikyriacou 05/07/1947 Dhali Eleni Scordis Kallenou 01/06/1960 Dhali |
Achilleas Demetriades |
Christoforos Skordis (reservist) |
The victim was with the 398th infantry battalion stationed in Kythrea. Last seen on 14 August 1974 with 4 comrades in the custody of Turkish soldiers near the village of Chatos (Kiados). He was photographed while in detention by a journalist working for a Turkish newspaper who was covering the event and who was captured on that above date by the Cypriot national guard (five men from the same battalion appear in the photo).
|
The remains were found in a well in Kiados (containing the remains of 19 individuals) and exhumed between 22 November and 3 December 2006. The family were given the remains in August-September 2009. On 15 December 2009 the families were given (i) the identification report by the Cyprus institute of Neurology and Genetics dated 6 August 2009; (ii) the summary report of Anthropological identification by the CMP Bi communal forensic team dated 12 October 2009 (iii) a letter by CMP informing relatives of discovery and identification of remains dated 24 September 2009. |
The medical certificate for the cause of death signed by a doctor and dated 24 August 2009 indicated a bullet wound / wounds to the head and a wound/ wounds to the right and left arms. |
|
|
5189/10 |
22/01/2010 |
Georgia Stefanie 08/04/1925 Neapolis
Andreas Hadjikyriakou 21/02/1953 Neapolis Maria Hadjikyriakou 25/03/1955 Limasol |
Achilleas Demetriades |
Philippos Hadjikyriakou (reservist) |
As above. |
As above. |
The medical certificate for the cause of death dated 1 September 2009 indicated wounds by two bullets to the head and wounds caused by a pointed cutting instrument to the 3rd and 4th cervical vertebrae. |
|
|
7839/10 |
29/01/2010 |
Evi Akhniotou 11/01/1950 Famagusta |
Achilleas Demetriades |
Philippos Hadjikyriakou (reservist) |
As above.
|
As above. |
The medical certificate for the cause of death signed by a doctor and dated 1 September 2009 indicated a bullet wound to the head. |
|
|
6081/10 |
14/01/2010 |
Chrystalla Korelli 31/07/1945 Strovolos Androulla Korelli 16/02/1972 Strovolos Soteroulla Korelli 25/01/1975 Strovolos
|
Achilleas Demetriades |
Antonakis Korellis (reservist) |
As above. According to a witness statement the victim was at Seray prison from 15 -20 August 1974 and was then transferred to Kyrenia and then to Adana prison in Turkey – last seen in the prison yard on 22 August 1974. |
As above.
|
The medical certificate for the cause of death dated 27 August 2009 indicated a bullet wound to the head. |
|
|
4649/10 |
30/12/2009 |
Maria Stavraki Georgaki 13/10/1944 Lamaka |
Achilleas Demetriades |
Andreas Theocharis Stavraki (reservist) |
The victim had been serving with the 398th infantry battalion in Kythrea. According to a message sent via the I.C.R.C. the victim was apparently last seen in Kornokipos village around 20 September 1974. The village was under the control of the Turkish troops,
|
Remains found in the mass grave in a well in Kiados and given to family on 9 October 2009.
|
The medical certificate for the cause of death dated 8 October 2009 indicated two bullet wounds to the head. A post-mortem examination dated 7 October 2009 carried out by a forensic pathologist/pathological anatomist indicated as the cause of death a bullet wound to the head fired by a low velocity weapon at relatively close range. The doctor also noted that the hands were missing and that “there was a suspicion of a second bullet having passed through the temporo-parietal regions”. |
|
G. Other |
||||||||
|
|
59490/09 |
08/10/2009 |
Eleni Rossides [date of birth] Nicosia Kypros Rossides [date of birth] Sydney Konstantinos Rossides [date of birth] Nicosia Maria Vakanas [date of birth] Nicosia
|
Xenis Xenofontos |
Konstantinos (Kostakis) Rossides |
Last seen on 22 July 1974 in Ayios Georgios, Kyrenia with other men belonging to the 33rd Infantry Battalion. The battalion had retreated to Kyrenia.
|
Remains found in Templos village in the Kyrenia District (grave contained the remains of 2 individuals) and were exhumed between 12-13 September 2006. The applicants stated that they were notified of this discovery on or about 9 April 2009; (i) the summary report of Anthropological identification by the CMP Bi communal forensic team dated 17 August 2009 (ii) a letter by CMP informing relatives of discovery and identification of remains dated 21 July 2009. |
The medical certificate for the cause of death dated 10 April 2009 indicated a wound to the skull and to the right fibula (calf bone). |
|
|
37368/08 |
02/07/2008 |
Anastasia Hadjisoteriou 21/03/1951 Nicosia Frosa Hadjisoteri 25/03/1924 Limassol Kyriakos Konstantinou 30/10/1948 Limassol Soteris Antoni 05/12/1945 London
|
Andreas Angelides |
Antonis Constanti Hadjisoteri |
Last seen on 20 August 1974 in his village of Komi Kebir, which had come under the control of the Turkish forces. During the day the men were detained at the village coffee bar. On 20 August 1974 the applicant was taken away from the coffee bar, along with another five co-villagers, by Turkish soldiers. They were all seen entering a vehicle which drove off to an unknown location. |
Remains found on 19 September 2006 on 19 September 2006 in a grave in the locality of Livadia (Sazliköy) (with remains of 11 others)1; given to the family on 18 April 2008; letter by CMP informing relatives of discovery and identification of remains dated 28 March 2008.
|
The medical certificate for the cause of death signed by a doctor and dated 7 March 2008 indicated two bullet wounds to the head. |
1 Appears to be the same grave as in cases of Kashouris and Others v. Turkey (no. 29673/08) and Christophi and Others v. Turkey (no. 45656/08).