CEDH · CASELAW;REPORTS;ENG — 13 septembre 1995

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                    EUROPEAN COMMISSION OF HUMAN RIGHTS                      Application No. 23282/94                      Demosthenis Demosthenous                               against                               Cyprus                      REPORT OF THE COMMISSION                   (adopted on 13 September 1995)                            TABLE OF CONTENTS                                                             Page   INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . .   1   PART I   : STATEMENT OF THE FACTS. . . . . . . . . . . . . .   3   PART II : SOLUTION REACHED. . . . . . . . . . . . . . . . .   4                            INTRODUCTION   1.    This Report relates to the application introduced under Article 25 of the European Convention for the Protection of Human Rights and Fundamental Freedoms by Demosthenis Demosthenous on 19 January 1994. It was registered on 20 January 1994 under file No. 23282/94.        The applicant was represented by Mr. Achilleas Demetriades, a lawyer practising in Nicosia.        The Government of Cyprus were represented by their Agent, initially Mr. Michael Triantafyllides and then Mr. Alecos Markides, successively Attorney-General of the Republic of Cyprus.   2.    On 16 January 1995 the Commission declared the application admissible . It then proceeded to carry out its task under Article 28 para. 1 of the Convention which provides as follows:        "In the event of the Commission accepting a petition referred to      it:        a.    it shall, with a view to ascertaining the facts, undertake      together with the representatives of the parties an examination      of the petition and, if need be, an investigation, for the      effective conduct of which the States concerned shall furnish all      necessary facilities, after an exchange of views with the      Commission;        b.    it shall at the same time place itself at the disposal of      the parties concerned with a view to securing a friendly      settlement of the matter on the basis of respect for Human Rights      as defined in this Convention."   3.    The Commission found that the parties had reached a friendly settlement of the case and on 13 September 1995 it adopted this Report, which, in accordance with Article 28 para. 2 of the Convention, is confined to a brief statement of the facts and of the solution reached.        The following members were present when the Report was adopted:             MM.   S. TRECHSEL, President                H. DANELIUS                C.L. ROZAKIS                E. BUSUTTIL                G. JÖRUNDSSON                A.S. GÖZÜBÜYÜK                A. WEITZEL                J.-C. SOYER                H.G. SCHERMERS           Mrs. G.H. THUNE           Mr.   F. MARTINEZ           Mrs. J. LIDDY           MM.   J.-C. GEUS                M.P. PELLONPÄÄ                B. MARXER                M.A. NOWICKI                I. CABRAL BARRETO                B. CONFORTI                N. BRATZA                I. BÉKÉS                J. MUCHA                E. KONSTANTINOV                D. SVÁBY                A. PERENIC                C. BÎRSAN                P. LORENZEN                               PART I                       STATEMENT OF THE FACTS   4.    The applicant is a Cypriot citizen, born in 1961 and resident in Limassol.   5.    On 28 July 1992 the applicant was arrested by the police in connection with a bank robbery. He was released two days later when the persons who were eventually convicted of the offence were arrested. The applicant claimed that he had been tortured while in custody and criminal proceedings were instituted against two senior police officers. The latter were acquitted on 23 July 1993. The criminal court nevertheless observed that it was led to the prima facie conclusion that the applicant at the time of his release bore marks of injuries caused during his detention.   6.    In the light of the judgment, a police inquiry was held which on 21 December 1993 concluded that the applicant's complaints were unfounded. The case of the applicant is currently under examination by a Commission of Inquiry set up by the Government on 3 September 1993 with the general mandate to "inquire immediately into the methods used by the police during the arrest, detention and interrogation of suspects with particular emphasis on complaints of torture or ill- treatment". A civil action brought by the applicant against the Government was dismissed on 21 February 1994 for want of prosecution on his part.   7.    Before the Commission the applicant complained under Articles 3 and 8 of the Convention that during his detention on remand police officers subjected him to torture and severe ill-treatment, which seriously impaired his physical integrity.                               PART II                          SOLUTION REACHED   8.    Following the decision on the admissibility of the application, the Commission placed itself at the disposal of the parties with a view to securing a friendly settlement in accordance with Article 28 para. 1 (b) of the Convention and invited the parties to submit any proposals they wished to make.   9.    In accordance with the usual practice, the Secretary, acting on the Commission's instructions, contacted the parties to explore the possibilities of reaching a friendly settlement.   10.   The parties indicated their willingness, in principle, to reach a friendly settlement.   11.   By letter dated 24 July 1995 the Government indicated that they were prepared to pay the applicant compensation of 35.000 Cypriot pounds (approximately 385.000 FF), including medical expenses and the costs of the proceedings before the Commission, within 30 days from the communication to them of the applicant's reply, in full and final settlement of the matter.   On   17 August 1995 the applicant accepted the Government's offer.   12.   At its session on 13 September 1995, the Commission noted that the parties had reached an agreement regarding the terms of a settlement. It further considered, having regard to Article 28 para. 1 (b) of the Convention, that the friendly settlement of the case had been secured on the basis of respect for Human Rights as defined in the Convention.   13.   For these reasons, the Commission adopted the present Report.   Secretary to the Commission           President of the Commission          (H.C. KRÜGER)                       (S. TRECHSEL)