CEDH · CASELAW;REPORTS;ENG — 23 mai 1996

.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. 25052/94     Andreas and Paraskevoula Andronicou     and Gregoris and Yiolanda Constantinou                                 against                                 Cyprus                        REPORT OF THE COMMISSION                      (adopted on 23 May 1996)                            TABLE OF CONTENTS                                                             Page   I.    INTRODUCTION      (paras. 1-16). . . . . . . . . . . . . . . . . . . . . .1        A.    The application           (paras. 2-4). . . . . . . . . . . . . . . . . . . .1        B.    The proceedings           (paras. 5-11) . . . . . . . . . . . . . . . . . . .1        C.    The present Report           (paras. 12-16). . . . . . . . . . . . . . . . . . .2     II.   ESTABLISHMENT OF THE FACTS      (paras. 17-156). . . . . . . . . . . . . . . . . . . . .4        A.    Introduction           (paras. 17-19). . . . . . . . . . . . . . . . . . .4        B.    The early phases of the incident           (paras. 20-48). . . . . . . . . . . . . . . . . . .4        C.    The rescue plan           (para. 49). . . . . . . . . . . . . . . . . . . . .8        D.    Later phases of the incident           (paras. 50-79). . . . . . . . . . . . . . . . . . .9        E.    Armed intervention - Deaths           of Elsie Constantinou and Lefteris Andronicou           (paras. 80-98). . . . . . . . . . . . . . . . . . 14        F.    The immediate aftermath           (paras. 99-102) . . . . . . . . . . . . . . . . . 17        G.    The Commission of Inquiry           (paras. 103-107). . . . . . . . . . . . . . . . . 17        H.    Expert evidence before the Commission of Inquiry           (paras. 108-133). . . . . . . . . . . . . . . . . 18        I.    Findings of the Commission of Inquiry           (paras. 134-150). . . . . . . . . . . . . . . . . 23        J.    Subsequent Developments           (paras. 151-156). . . . . . . . . . . . . . . . . 26     III. OPINION OF THE COMMISSION      (paras. 157-200) . . . . . . . . . . . . . . . . . . . 28        A.    Complaints declared admissible           (para. 157) . . . . . . . . . . . . . . . . . . . 28        B.    Points at issue           (para. 158) . . . . . . . . . . . . . . . . . . . 28        C.    As regards Article 2 of the Convention           (paras. 159-189). . . . . . . . . . . . . . . . . 28        1.    General considerations           (paras. 160-162). . . . . . . . . . . . . . . . . 28        2.    The obligation to protect the right to life           by law in Article 2 para. 1           (paras. 163-164). . . . . . . . . . . . . . . . . 30        3.    Requirements of Article 2 para. 2           (paras. 165-189). . . . . . . . . . . . . . . . . 30             CONCLUSION           (para. 190) . . . . . . . . . . . . . . . . . . . 34        D.    As regards Article 6 para. 1 of the Convention           (paras. 191-197). . . . . . . . . . . . . . . . . 35             CONCLUSION           (para. 198) . . . . . . . . . . . . . . . . . . . 36        E.    Recapitulation           (paras. 199-200). . . . . . . . . . . . . . . . . 36     PARTLY CONCURRING AND PARTLY DISSENTING OPINION BY MR. L. LOUCAIDES . . . . . . . . . . . . . . . . . . . . 37     PARTLY DISSENTING OPINION BY MR. C.L. ROZAKIS . . . . . . . 41     PARTLY DISSENTING OPINION BY MM. C.A. NØRGAARD AND G. JÖRUNDSSON . . . . . . . . . . . . . . . . . . . . . 42     PARTLY DISSENTING OPINION BY MR. H.G. SCHERMERS . . . . . . 43     PARTLY DISSENTING OPINION BY MM. J.-C. GEUS and C. BÎRSAN . 45     APPENDIX:       DECISION OF THE COMMISSION AS TO THE                ADMISSIBILITY OF THE APPLICATION . . . . . . 46     I.    INTRODUCTION   1.    The following is an outline of the case as submitted to the European Commission of Human Rights, and of the procedure before the Commission.   A.    The application   2.    All applicants are Cypriot citizens. The first applicant was born in 1938, he is living in Paphos and is a farmer by profession. The second applicant was born in 1961, she is living in Paphos and is a housewife by occupation. The third applicant was born in 1945, he is living in Limassol and is a carpenter by profession. The fourth was born in 1947, she is living in Limassol and is a housewife by occupation. The first two applicants were the father and sister of Lefteris Andronicou, deceased. The third and fourth applicants were the parents of Elsie Constantinou, deceased. All applicants were represented before the Commission by Mr. M. Kyprianou, a barrister practising in Nicosia, Cyprus.   3.    The application is directed against Cyprus. The respondent Government were represented by their Agent, Mr. A. Markides, the Attorney General of the Republic of Cyprus.   4.    The case concerns the use of lethal force by the security forces which resulted in the deaths of Lefteris Andronicou and Elsie Constantinou and the possibility for the families of the deceased to institute proceedings for damages in this connection. The applicants invoke Articles 2 and 6 para. 1 of the Convention.   B.    The proceedings   5.    The application was introduced on 22 August 1994 and registered on 31 August 1994.   6.    On 17 October 1994 the Commission decided, pursuant to Rule 48 para. 2 (b) of its Rules of Procedure, to give notice of the application to the respondent Government and to invite the parties to submit written observations on its admissibility and merits.   7.    The Government's observations were submitted on 4 January 1995. The applicants replied on 13 February 1995. On 20 January 1995, the Commission granted the applicants legal aid for the presentation of their case.   8.    On 10 April 1995 the Commission decided to hold a hearing of the parties. The hearing was held on 5 July 1995.   The Government were represented by their Agent, Mr. A. Markides, , Attorney General of the Republic of Cyprus, Mrs. L. Koursoumba, Senior Counsel in the Law Office of the Republic of Cyprus, Mrs.   T. Polychronidou, Counsel in the Law Office of the Republic of Cyprus and Mrs. Marianna Santama- Patsalidou of the Ministry of Justice and Public Order. The applicants were represented by Mr. M. Kyprianou, Ms. M. Kyrmizi and Mr. M. Kyprianou, all of them barristers practising in Nicosia, Cyprus.   9.    On 5 July 1995 the Commission declared the application admissible.   10.   The text of the Commission's decision on admissibility was sent to the parties on 14 September 1995. The Government was invited to submit a copy of the transcript of the proceedings before the Commission of Inquiry which examined the case at the domestic level. The parties were also invited to submit such further information or observations on the merits as they wished. The Government submitted the transcript of the proceedings on 21 September 1995. It also submitted further observations on the merits on 3 November 1995, to which the applicants replied on 28 November 1995.   11.   After declaring the case admissible, the Commission, acting in accordance with Article 28 para. 1 (b) of the Convention, also placed itself at the disposal of the parties with a view to securing a friendly settlement.   In the light of the parties' reaction, the Commission now finds that there is no basis on which such a settlement can be effected.   C.    The present Report   12.   The present Report has been drawn up by the Commission in pursuance of Article 31 of the Convention and after deliberations and votes, the following members being present:               MM.   S. TRECHSEL, President                C.L. ROZAKIS                C.A. NØRGAARD                E. BUSUTTIL                G. JÖRUNDSSON                A.S. GÖZÜBÜYÜK                A. WEITZEL                H.G. SCHERMERS                F. MARTINEZ           Mrs. J. LIDDY           MM.   L. LOUCAIDES                J.-C. GEUS                M.P. PELLONPÄÄ                B. MARXER                N. BRATZA                E. KONSTANTINOV                A. PERENIC                C. BÎRSAN     13.   The text of this Report was adopted on 23 May 1996 by the Commission and is now transmitted to the Committee of Ministers of the Council of Europe, in accordance with Article 31 para. 2 of the Convention.   14.   The purpose of the Report, pursuant to Article 31 of the Convention, is:        (i)   to establish the facts, and        (ii) to state an opinion as to whether the facts found disclose           a breach by the State concerned of its obligations under           the Convention.   15.   The Commission's decision on the admissibility of the application is annexed hereto.   16.   The full text of the parties' submissions, together with the documents lodged as exhibits, are held in the archives of the Commission.   II.   ESTABLISHMENT OF THE FACTS   A.    Introduction   17.   The events in this case have been surrounded with some controversy and, although the case has been fully examined at the domestic level by a Commission of Inquiry, several factual issues are still in dispute between the parties.   18.   The Commission has had the benefit of examining a full transcript of the proceedings before the Commission of Inquiry. It has also examined a video recording of the last phase of the incident made by a journalist on the spot, a set of photographs taken and a video made by the police after the incident and the report of the state pathologist. All these pieces of evidence had been at the disposal of the Commission of Inquiry.   19.   The evidence before the Commission as well as the findings of the Commission of Inquiry are summarised in the section below. Insofar as there is need to resolve conflicts of evidence in the determination of issues under the Convention, the Commission's findings appear in its Opinion (see paras. 157-212).   B.    The early phases of the incident   20.   Lefteris Andronicou and Elsie Constantinou, at the time thirty- three and twenty-two years old respectively, were engaged to be married. On 22 December 1993, when their engagement was announced in the local press, they were living together in Lefteris Andronicou's flat, which was situated on the ground floor of a block of flats, called Trifonos Court, in Chloraka, Paphos.   21.   On 24 December 1993 at around 8:30 in the morning, three of Lefteris Andronicou's neighbours, D. Papapetru, G. Georgiu and H. Hrisanthu, heard a woman calling for help from inside Lefteris Andronicou's flat. Initially, they decided not to interfere and D. Papapetru and G. Georgiu left. However, as the woman continued to shout "Stop beating me", H. Hrisanthu decided to call A. Trifonos, the owner of the block of flats, and the third applicant, Elsie Constantinou's father. At one stage H. Hrisanthu saw a woman trying to jump from the window and somebody pulling her inside. At around 10:30 he called the Paphos police station.   22.   Two police officers of the minor offences department, K. Kleanthus and Z. Psathitis, were immediately dispatched. K. Kleanthus rang Lefteris Andronicou's bell, but did not get an answer. When he announced that he was a police officer, he heard a woman calling "Lefteris leave the gun aside; what are you going to do?"   23.   The two officers withdrew and called the Paphos police station on the radio. At that stage D. Papapetru and G. Georgiu returned to the scene and saw a girl getting out of Lefteris Andronicou's flat and signalling to them. Then she went in the flat again. They were not in a position to say whether she returned of her own will or whether somebody pulled her inside.   24.   At around 11:30 I. Hatzipashalis, the deputy head of the Paphos Criminal Investigations Department (hereinafter C.I.D.), together with A. Stavrinidis and two other police officers arrived on the scene. I. Hatzipashalis knocked on the door and spoke with Lefteris Andronicou, who told him that he had quarrelled with Elsie Constantinou and that they had beaten each other. He also heard Elsie Constantinou asking to be let out. Then he heard Elsie Constantinou asking Lefteris Andronicou why he was charging the gun and pointing it at her. I. Hatzipashalis tried to calm Lefteris Andronicou down by telling him that many couples quarrel and then make up without the help of the police. However, when he approached the window, Lefteris Andronicou threatened that he would fire at him. I. Hatzipashalis asked Lefteris Andronicou to let him see Elsie Constantinou, specifying that, if Elsie Constantinou told him that she had no complaint, he would leave. Lefteris Andronicou did not reply.   25.   D. Papapetru, having obtained the authorization of I. Hatzipashalis, succeeded in engaging Lefteris Andronicou in a conversation. Lefteris Andronicou asked him for some cigarettes, telling him that "afterwards he would think what he should do and would open the door". D. Papapetru pushed some cigarettes under the door. At one stage Elsie Constantinou cried to D. Papapetru that Lefteris Andronicou was pointing the   gun at her and that he was going to shoot her. Later on Lefteris Andronicou drew the curtain and D. Papapetru saw him holding a hunting gun.   26.   I. Hatzipashalis, A. Stavrinidis, and D. Papapetru continued their efforts to persuade Lefteris Andronicou to liberate Elsie Constantinou and D. Papapetru gave Lefteris Andronicou cigarettes again. However, as they did not obtain any results, I. Hatzipashalis decided to inform A. Nikolaidis, the deputy police director of Paphos, and G. Georgiagis, the head of the Paphos C.I.D.   27.   The deputy police director of Paphos, A. Nikolaidis, arrived on the scene at around 13:00. He talked to Lefteris Andronicou, who asked in an angry manner for the police to withdraw. A. Nikolaidis promised Lefteris Andronicou help and protection and invited him to state his claims. Lefteris Andronicou repeated that he just wanted the police to go. Elsie Constantinou started shouting for help, claiming that she was afraid that her life was in danger. She also claimed that Lefteris Andronicou was pointing his gun at her. A. Nikolaidis called D. Konstantinidis, the police director of Paphos.   28.   In the meantime the third applicant, Elsie Constantinou's father, arrived in Trifonos Court together with Andreas Onufriu, Elsie Constantinou's cousin. They found there Antonis Onufriu, another cousin of Elsie Constantinou, who had also made an attempt to persuade Lefteris Andronicou to release the young woman. A. Nikolaidis started gathering information concerning the relationship of Lefteris Andronicou and Elsie Constantinou. It was established that they were living together. As it emerged, however, in the course of the proceedings before the Commission of Inquiry, the police was not aware during the operation that Elsie Constantinou and Lefteris Andronicou were engaged to be married.   29.   D. Konstantinidis, the police director of Paphos, arrived in Trifonos Court at around 14:15. He told Lefteris Andronicou that he had nothing to fear, as there would be no consequences. Lefteris Andronicou demanded once more the complete withdrawal of the police.   30.   At around 15:00 I. Hatzipashalis, the deputy head of the Paphos C.I.D., ordered another policeman to obtain an arrest and search warrant on the ground that Lefteris Andronicou was holding Elsie Constantinou against her will threatening her with a hunting gun.   31.   D. Konstantinidis, the police director of Paphos,   discussed the situation with Elsie Constantinou's father in H. Hrisanthu's shop, which was next to Lefteris Andronicou's flat and which was being used as an operation room. As A. Nikolaidis, the deputy police director of Paphos, confirmed before the Commission of Inquiry, Elsie Constantinou's father suggested that the police should withdraw and leave the family to deal with the problem on their own.   32.   D. Konstantinidis also asked for the assistance of G. Poliviu, for whom Lefteris Andronicou used to work and who was present. G. Poliviu talked to Lefteris Andronicou and found out that Lefteris Andronicou's telephone was not functioning. G. Poliviu, having obtained D. Konstantinidis's approval, left outside Lefteris Andronicou's window a telephone which belonged to H. Hrisanthu. It was later established that the telephone had a loudspeaker facility.   33.   D. Konstantinidis called the fourth applicant, Elsie Constantinou's mother, and persuaded her to come. He also asked Elsie Constantinou's father to talk to Elsie Constantinou, but the applicant did not accept. At a certain stage, Lefteris Andronicou requested from G. Poliviu cigarettes and food, specifying that Elsie Constantinou was hungry and must have something to eat.   D. Konstantinidis decided that no food should be given to him. G. Poliviu left outside Lefteris Andronicou's window some cigarettes.   34.   D. Konstantinidis had several telephone conversations with Lefteris Andronicou promising him help. He also talked to Elsie Constantinou on the phone who said that she was being held against her will since 23:00 the previous night. D. Konstantinidis concluded that Lefteris Andronicou did not want to negotiate. At around 16:50 he called A. Potamaris, the chief of police, and explained the situation. He volunteered to conduct a rescue operation should the need arise. A. Potamaris, however, decided to dispatch to Chloraka the platoon of the Police Special Forces (Mihanokiniti Monada Amesis Drasis - hereinafter "MMAD") which, in his opinion, was specially trained for such type of action.   35.   At a certain stage Elsie Constantinou's mother arrived, but Lefteris Andronicou refused to talk to her on the phone. Elsie Constantinou's mother suggested that the police should leave and let the family handle the situation.   36.   Shortly before 17:00 G. Georgiadis, the head of the Paphos C.I.D., arrived. A great number of persons had already gathered at the scene and the area around Lefteris Andronicou's flat had been cordoned off. At around 17:00, the police director of Paphos, D. Konstantinidis, went away leaving his deputy, A. Nikolaidis, in charge.   A. Nikolaidis testified before the Commission of Inquiry that it was the first time in his career that he had been involved in such an operation or such negotiations.   37.   At around 17:10 A. Potamaris, the chief of police, ordered H. Mavros, to lead to Chloraka the specially trained platoon of MMAD of which he was in charge.   38.   A. Nikolaidis, the deputy police director of Paphos, repeatedly tried to communicate with Lefteris Andronicou, but the telephone was engaged. At a certain point Lefteris Andronicou's sister and niece arrived and talked to Lefteris Andronicou through the door. Lefteris Andronicou told them that he was afraid of the police. Elsie Constantinou confirmed that this was so.   39.   At around 18:00 Lefteris Andronicou called A. Hatzimitsi, a general practitioner whom he had consulted on occasions during the past three months. He told her that he had beaten Elsie Constantinou up and that there was police outside his flat. He said that he was going to lose Elsie Constantinou. He asked the doctor to call his sister and tell her that he had left money on the fridge. He specified that, after he would have done what he intended to do, his sister might have health problems and need the money. When A. Hatzimitsi tried to reason with Lefteris Andronicou, he said that he did not want to talk. He warned her that he would hang up on her if she tried to call him back. A. Hatzimitsi called G. Poliviu, who had introduced Lefteris Andronicou to her, and asked him to inform the police.   40.   At 18:10 A. Potamaris, the chief of police, called his deputy, K. Papakostas and put him in charge of the operation. He also ordered N. Konstantinu, the deputy director of MMAD, to go to Paphos.   41.   At 18:15 A. Potamaris, in the course of his daily telephone conversation with the Minister of Justice and Public Order, informed the latter of the incident.   42.   At around 18:30 Lefteris Andronicou agreed to talk with the deputy police director of Paphos, A. Nikolaidis, on the phone. He told A. Nikolaidis that Elsie Constantinou was finished for him, that she had behaved very badly towards him and that he had lost her forever. Lefteris Andronicou appeared to be concerned about Elsie Constantinou's health and A. Nikolaidis offered to take her to the doctor. However, Lefteris Andronicou refused, telling A. Nikolaidis that he should wait until midnight. Lefteris Andronicou specified that, after celebrating Christmas with Elsie Constantinou, A. Nikolaidis could come and get her at 00:05. When A. Nikolaidis asked Lefteris Andronicou whether he meant that he would let Elsie Constantinou free, Lefteris Andronicou did not reply. He claimed that he was tired and hung up.   43.   At around 19:30 H. Mavros, the head of the MMAD platoon, arrived on the scene together with three other officers of MMAD. He was briefed by A. Nikolaidis, the deputy police director of Paphos, who told him that Lefteris Andronicou was carrying a double-barrelled hunting gun. It was later established that the gun could only contain two bullets at a time. H. Mavros asked him whether there was any indication that Lefteris Andronicou might be in possession of other weapons and A. Nikolaidis replied that this possibility could not be excluded. H. Mavros also discussed with N. Konstantinu, the deputy director of MMAD, who was already there. H. Mavros noticed the presence of a great number of bystanders which he considered "unacceptable". A. Nikolaidis ordered some persons to be removed.   44.   H. Mavros asked A. Trifonos, the owner of the block of flats, who had also previously tried to persuade Lefteris Andronicou to release Elsie Constantinou, to show him the scene. H. Mavros visited the flat above Lefteris Andronicou's as well as the flat next door, which was identical to that of Lefteris Andronicou. A. Trifonos made a sketch of Lefteris Andronicou's flat for him.   45.   The flat consisted of two rooms and a bathroom. The living room was in the front, it measured 5 by 3,6 meters and had a door and a window. There was a skylight above the door. The bedroom and bathroom were in the back. They had one window each.   46.   At some point after 19:30 G. Poliviu told A. Nikolaidis, the deputy police director of Paphos, that Lefteris Andronicou had told Dr. A. Hatzimitsi on the phone that around midnight he would set Elsie Constantinou free and commit suicide. A. Nikolaidis conveyed this information to his director, D. Konstantinidis, and to the deputy chief of police, K. Papakostas. K. Papakostas ordered A. Nikolaidis to act as the principal negotiator, since he had gained Lefteris Andronicou's confidence. He also told him to engage in the negotiations Dr. A Hatzimitsi, as well as a psychologist or a psychiatrist and other persons who could influence Lefteris Andronicou. Finally, A. Nikolaidis and K. Papakostas discussed the possibility of administering soporifics to Lefteris Andronicou.   47.   A. Nikolaidis called Lefteris Andronicou and told him that Elsie Constantinou's mother and grand-mother wished to talk to him, but Lefteris Andronicou refused. Then he called the district doctor in order to find out where the psychiatrists of the Paphos hospital were. He was informed that both psychiatrists lived in Limassol. A. Nikolaidis also called the pharmacist of the Paphos hospital and ordered drugs. P. Hatzimitsis, the pharmacist, testified that he had provided one packet of 1 mg and one packet of 2 mg Lorezabam pills. The hospital did not store 3 mg pills.   48.   Two police officers were dispatched to Dr. A. Hatzimitsi's surgery. Dr. A Hatzimitsi discussed with them Lefteris Andronicou's telephone call. In reply to their questions, she expressed the view that Lefteris Andronicou did not have any psychological problems. She also expressed doubts as to whether she could help, since Lefteris Andronicou had already told her not to call him again.   C.    The rescue plan   49.   At around 20:00 H. Mavros went to the Paphos police station where the rest of the MMAD platoon had arrived. According to the testimony of the police witnesses before the Commission of inquiry the platoon included two officers, whom the police witnesses described as "trained negotiators". H. Mavros explained to the officers of the platoon the plan, the aim of which was to rescue Elsie Constantinou and capture Lefteris Andronicou. The key elements of the plan were surprise, speed and accurate execution. As soon as the platoon would be placed outside Lefteris Andronicou's flat, H. Mavros would inform the commanding officer, via a link person. The commanding officer would in turn ask the negotiator to call Lefteris Andronicou. While Lefteris Andronicou would be busy talking on the phone, which was in the front room to the left of the door, tear-gas would be thrown into the flat through the three glass windows by four officers. Two other officers would   force the door with a battering ram. Four men would enter the front room. The first two would seize Lefteris Andronicou who would be expected to be less than two meters away from the door. A third officer would seize Elsie Constantinou. A fourth officer would enter the flat to provide any form of assistance which might prove necessary. All communications would be made by walkie talkie on a secure frequency. The members of the platoon would carry their pistols and machine guns. They were informed by their head, H. Mavros, that Lefteris Andronicou had a double-barrelled hunting gun. They were also told that the possibility could not be excluded that Lefteris Andronicou could be in possession of other arms. They were instructed to use proportionate force and fire only if Elsie Constantinou's or their own lives were in danger. If the room was dark, they were to use the lights with which their machine guns were equipped.   D.    Later phases of the incident   50.   At 20:40 the chief of police, A. Potamaris, had a meeting with his deputy, K. Papakostas. It was decided that the deputy police director of Paphos, A. Nikolaidis, should continue to conduct the negotiations, that two additional negotiators should be sent and that the police, after obtaining appropriate medical advice, should administer soporifics to Lefteris Andronicou, if he asked for food.   51.    While the meeting between A. Potamaris and K. Papakostas was still in progress and at around 20:50, the deputy police director of Paphos, A. Nikolaidis, talked with Lefteris Andronicou on the phone again. Lefteris Andronicou was very negative because of the media coverage that the incident had received. He did not allow A. Nikolaidis to talk to Elsie Constantinou. Elsie Constantinou shouted that Lefteris Andronicou would kill her. N. Hatziharalambus, a police officer who knew Lefteris Andronicou, also tried to persuade Lefteris Andronicou to release Elsie Constantinou.   52.   The meeting between A. Potamaris and K. Papakostas ended at 21:00. K. Papakostas ordered two additional negotiators from the police force to be dispatched to Chloraka. He also called the deputy police director of Paphos, A. Nikolaidis, who informed him that he had not been able to contact the psychiatrists of the Paphos hospital and that Lefteris Andronicou would not talk to Elsie Constantinou's parents. K. Papakostas ordered A. Nikolaidis to look for psychologists in the private sector.   53.   At around 21:30 D. Konstantinidis, the police director of Paphos, returned to the scene together with H. Mavros, the head of the MMAD platoon. He was briefed by the deputy police director of Paphos, A. Nikolaidis. He called the deputy chief of police K. Papakostas. He also called Dr. A. Hatzimitsi who agreed to go to Trifonos Court.   54.   Then he saw H. Athinodoru, Lefteris Andronicou's last employer, talking with Lefteris Andronicou on his mobile phone. H. Athinodoru had already made various unsuccessful efforts to persuade Lefteris Andronicou to release Elsie Constantinou. Lefteris Andronicou had threatened that he would shoot Elsie Constantinou, if H. Athinodoru tried to enter the flat.   55.   The police director of Paphos, D. Konstantinidis, interrupted the conversation between H. Athinodoru and Lefteris Andronicou and instructed H. Athinodoru to tell Lefteris Andronicou that they wanted to help him. He specified that he had been authorised by his superiors to promise Lefteris Andronicou that there would be no consequences if he let Elsie Constantinou go. Lefteris Andronicou could leave by car, together with Elsie Constantinou if he wished. H. Athinodoru conveyed the message to Lefteris Andronicou.   56.   In the course of the second part of his conversation with Lefteris Andronicou, H. Athinodoru threatened Lefteris Andronicou with the possibility of being left to starve and being beaten up. This is heard in the video recording. Moreover, D. Konstantinidis accepted before the Commission of Inquiry that he heard such a statement being made by H. Athinodoru. He also testified that H. Athinodoru talked to Elsie Constantinou on the phone who said that Lefteris Andronicou had been pointing his gun at her.   57.   Then D. Konstantinidis called the chief of police, A. Potamaris, and told him about the telephone conversation between Lefteris Andronicou and Dr. A. Hatzimitsi. In the meantime, H. Mavros returned to the Paphos police station and led the MMAD platoon to a warehouse situated 200 to 300 meters away from Lefteris Andronicou's flat, where they could not be seen by the bystanders.   58.   Dr. A. Hatzimitsi arrived in Trifonos Court escorted by G. Georgiadis, the head of the Paphos C.I.D. She talked with Lefteris Andronicou from the operation room. She offered to help him end the incident without any consequences. Lefteris Andronicou refused to let her enter the flat, saying that he was afraid of the police. Having obtained the authorization of the police director of Paphos, D. Konstantinidis, Dr. A. Hatzimitsi made the following proposal to Lefteris Andronicou. A car would be brought to his door, the police would withdraw, Lefteris Andronicou would leave his gun and get in the car alone or with Elsie Constantinou. The doctor, or any other person whom Lefteris Andronicou wished to accompany him, could get in the car as well. They could all leave together and go to another location to discuss. Lefteris Andronicou refused. Elsie Constantinou intervened and asked the doctor whether Lefteris Andronicou had psychological problems. The latter replied that she was not aware of any such problems. Lefteris Andronicou repeated that he was afraid of the police and of the consequences. He insisted that he would let Elsie Constantinou out of the flat at 00:00 to 00:05 and then he would commit suicide. In the course of the telephone conversation, Lefteris Andronicou and Elsie Constantinou quarrelled and Lefteris Andronicou threatened Elsie Constantinou: "Sit down and do not move". He also told the doctor not to call again because it made Elsie Constantinou nervous. At one stage Dr. A. Hatzimitsi passed Lefteris Andronicou to D. Konstantinidis who promised once again that there would be no consequences.   59.   At 21:50 D. Konstantinidis, the police director of Paphos, called the deputy chief of police,   K. Papakostas, and told him that Dr. A. Hatzimitsi was of the view that Lefteris Andronicou had decided to kill Elsie Constantinou and commit suicide. In the first statement she gave to the police, Dr. A. Hatzimitsi confirmed that this was the view which she had formed and conveyed to D. Konstantinidis. In a letter she addressed to applicants' counsel on 28 December 1995, Dr. A. Hatzimitsi claimed that, in the course of her telephone conversation with Lefteris Andronicou, she had formed the view that he was intransigent and "capable of doing harm to himself and Elsie". She further specified that this was the personal opinion of somebody who was not a psychiatrist. She also protested that the police had tried to attribute to her more responsibility for the operation than she could have had. In her testimony before the Commission of Inquiry, when under examination by counsel for the police, Dr. A. Hatzimitsi adopted her initial statement, specifying that that was her personal opinion.   60.   Then H. Athinodoru told D. Konstantinidis that Lefteris Andronicou had asked on the phone for food. D. Konstantinidis told his deputy, A. Nikolaidis, to call Lefteris Andronicou. A. Nikolaidis called Lefteris Andronicou and two kebab pies (seftalia) were ordered.   61.   A person whom A. Nikolaidis could not identify had told A. Nikolaidis that he had received a telephone call from Lefteris Andronicou asking for a written assurance that he would not go to jail. A. Nikolaidis called Lefteris Andronicou again, who told him that he was afraid that he would go to jail. A. Nikolaidis told him that the situation was not so serious and offered to enter the flat and hand Lefteris Andronicou a written assurance that he would not go to jail. However, Lefteris Andronicou told A. Nikolaidis not to be in a hurry; he would enter the flat at 00:05. A. Nikolaidis told Lefteris Andronicou that he would break the door down and enter the flat unarmed. Lefteris Andronicou warned him that if he tried, he would kill Elsie Constantinou and commit suicide. At a certain point, Elsie Constantinou shouted that Lefteris Andronicou was not serious about letting her go.   62.   Lefteris Andronicou's threats, combined with some information that Lefteris Andronicou had wanted in the past to shoot a person who had insulted Elsie Constantinou with his hunting gun, led A. Nikolaidis to the conclusion that Lefteris Andronicou was planning to kill Elsie Constantinou and commit suicide at around midnight.   63.   At 22:15 the police director of Paphos, D. Konstantinidis, called the deputy chief of police, K. Papakostas, and requested his authorization to administer soporifics. K. Papakostas called a doctor in Nicosia hospital and the chief of police, A. Potamaris, who approved the plan. D. Konstantinidis was duly informed.   64.   S. Zinonos, a police officer, testified before the Commission of Inquiry that he had been ordered to bring some food for Lefteris Andronicou at 22:20. Three to five minutes after he had left he was called on the radio and the order was changed. I. Pavlu,   another officer, claimed in his original statement to the police that S. Zinonos had been ordered to bring food at around 22:40 and that the order had been changed fifteen minutes later. Before the Commission of Inquiry he specified that the times he had given were very approximate, because he had not looked at his watch when S. Zinonos left. He had merely estimated that this must have been the time. He also specified that it was possible that the order had been changed eight to eleven minutes after S. Zinonos's departure. S. Zinonos testified that it took ten to fifteen minutes for the kebabs to be prepared.   65.   At 22:30 the head of the MMAD platoon, H. Mavros, called the deputy chief of police, K. Papakostas, and explained to him the rescue plan. K. Papakostas asked whether it had been envisaged to use explosives to open the door and stun grenades. These options were, however, discarded for fear that Lefteris Andronicou and Elsie Constantinou might be hurt. It was also noted that it normally took four seconds for the stun grenades to explode and that that might give Lefteris Andronicou time to react.   66.   At 22:40 there was another meeting between the chief of police and his deputy in the chief's house. The deputy chief, K. Papakostas, told the chief, A. Potamaris, that Lefteris Andronicou was planning to kill Elsie Constantinou and commit suicide. At 22:45 A. Potamaris called the Minister who was of the view that "the police should decide whether MMAD should conduct a rescue operation on the basis of their appreciation of the situation at the time after having reviewed all relevant information and eliminated all other possibilities". Then K. Papakostas explained to A. Potamaris the rescue plan. A. Potamaris instructed K. Papakostas to delay the involvement of MMAD as much as possible to enable the efforts to persuade Lefteris Andronicou to continue. The meeting ended at 23:00.   67.   When the food which Lefteris Andronicou had ordered arrived, Dr. A. Hatzimitsi put in the pies the Lorezabam pills that P. Hatzimitsis, the hospital pharmacist, had provided. Before the Commission of Inquiry she testified that she had placed six 3 mg Lorezabam pills in each pie. She also testified that earlier on it had been suggested that another drug called Dormicum could be used, but that the police did not have sufficient time to find such pills.   68.   The food was then delivered to Lefteris Andronicou by the deputy police director of Paphos, A. Nikolaidis, who left it by the window. All the police officers who testified on this issue agreed that the food had been delivered around 23:00. Dr. A. Hatzimitsi's testimony supported their version of events. Antonis Onufriu, Elsie Constantinou's cousin, testified that the food had arrived at around 23:30. G. Poliviu, an ex-employer and friend of Lefteris Andronicou claimed, in his original statement to the police, that the food had arrived at 23:15. Before the Commission of Inquiry he testified that the food had arrived between 23:30 and 23:40. H. Athinodoru Lefteris Andronicou's last employer testified that the drugs had been put in the food at around 23:10, immediately before he left the scene.   69.   The head of the MMAD platoon, H. Mavros admitted before the Commission of Inquiry that he had not been aware that soporifics had been administered to Lefteris Andronicou.   70.   At around 23:00 two additional negotiators arrived. Elsie Constantinou was repeatedly heard screaming that Lefteris Andronicou was going to kill her.   71.   After 23:00, the police director of Paphos, D. Konstantinidis, held a meeting with his deputy, A. Nikolaidis, the head of the Paphos C.I.D, G. Georgiadis, the deputy director of MMAD, N. Konstantinu, and the head of the MMAD platoon, H. Mavros. They came to the conclusion that Lefteris Andronicou was planning to kill Elsie Constantinou and commit suicide at 00:00 or 00:05. As a result, there could be no further negotiations and the MMAD platoon should take action. H. Mavros affirmed that he was prepared to lead the operation.   72.   D. Konstantinidis, the police director of Paphos, accepted before the Commission of Inquiry that, although some notes were being taken during the incident, he had not been involved in this process. Neither did he consult these notes during the final meeting or before. A. Nikolaidis, the deputy police director of Paphos, made a similar statement.   73.   Immediately after the meeting, the police director of Paphos, D. Konstantinidis, called the deputy chief of police, K. Papakostas, and told him that they were awaiting instructions from the headquarters as to whether they should continue the negotiations or break into the flat. If the instructions were to continue the negotiations and Elsie Constantinou was nevertheless killed, responsibility would lie with the headquarters. K. Papakostas testified that he received D. Konstantinidis's telephone call at 23:10.   74.   H. Mavros left to inform his platoon about the new development, namely the information that Lefteris Andronicou was planning to kill Elsie Constantinou. The platoon was then moved closer to Lefteris Andronicou's flat, behind the block of flats.   75.   The deputy chief of police, K. Papakostas, met with the chief, A. Potamaris, in the latter's house. A. Potamaris agreed that MMAD should be used. K. Papakostas called the police director of Paphos, D. Konstantinidis, and informed him that the rescue plan had been approved. Then K. Papakostas talked to the head of the MMAD platoon, H. Mavros, who had in the meantime returned and the two men agreed that the plan remained unchanged. Then K. Papakostas talked again to D. Konstantinidis who had in the meantime given instructions that an ambulance be dispatched to the scene. D. Konstantinidis had specified that the lights of the ambulance and its siren should be switched off so as not to alert Lefteris Andronicou. According to the evidence presented to the Commission of Inquiry, the order for the ambulance reached Paphos hospital at 23:45.   76.   H. Mavros asked for all bystanders to be pushed back and D. Konstantinidis gave the relevant orders.   77.   After the final meeting of the police officers, E. Parmatzia, Lefteris Andronicou's cousin, arrived in Trifonos Court with her husband and her sister. E. Parmatzia claimed before the Commission of Inquiry that she had received two telephone calls from Lefteris Andronicou in the course of the day and that Lefteris Andronicou had told her that he would open his door only if the police left. The police director of Paphos, D. Konstantinidis, called Lefteris Andronicou on the phone. Lefteris Andronicou talked to E. Parmatzia but declined her offer to meet her. He also questioned her identity and then, according to E. Parmatzia, D. Konstantinidis interrupted the conversation.   78.   E. Parmatzia further testified that, when she talked to Lefteris Andronicou on G. Poliviu's mobile phone five to six minutes later, Lefteris Andronicou asked for the withdrawal of the police. E. Parmatzia's husband testified that he had also talked to Lefteris Andronicou on that occasion.   79.   According to a detailed telephone bill produced by G. Poliviu before the Commission of Inquiry, three telephone calls were made from his mobile phone to Lefteris Andronicou' phone that night, one at 23:18, one at 23:39 and one at 23:49. According to G. Poliviu, when he last talked with Lefteris Andronicou, Lefteris Andronicou indicated that he wanted to be left alone to prepare some coffee.   E.    Armed intervention - Deaths of Elsie Constantinou      and Lefteris Andronicou   80.   Shortly before midnight the members of the MMAD platoon silently took their positions around Lefteris Andronicou's flat. They were filmed by the journalist who made the video recording.   81.   H. Mavros testified before the Commission of Inquiry that he stood 60 meters away from the flat. Six officers were placed in front of the flat (in the proceedings before the Commission of Inquiry these were referred to as officers Nos. 1, 2, 3, 4, 5 and 6) and two at the back (for the purposes of the inquiry officers Nos. 7, 8). Officers Nos. 5 and 6, who would fire tear-gas into the living-room, were by the front window. Officers Nos. 1 and 3 were placed on the right of the door and officers Nos. 2 and 4 on the left. The two men with the battering ram were placed opposite the door. Five other MMAD officers took positions around the flat for security purposes.   82.   The police director of Paphos, D. Konstantinidis, testified that, once the officers had taken their positions, he called the deputy chief of police, K. Papakostas, on the phone once more at 23:55.   83.   H. Mavros testified that he called on his radio the link person. According to H. Mavros, the link person called the commanding officer, D. Konstantinidis, who ordered the deputy police director of Paphos, A. Nikolaidis, to call Lefteris Andronicou. When H. Mavros was told by the link person that A. Nikolaidis was talking with Lefteris Andronicou, he gave the signal for the armed intervention.   84.   A. Nikolaidis testified that he called Lefteris Andronicou when he was told to do so by D. Konstantinidis at 23:59 or 00:00. Lefteris Andronicou said "Hello". Then A. Nikolaidis tried to say something but he heard shootings. He shouted Lefteris Andronicou's name two or three times but received no answer.   85.   Officers No. 1, 3 and 5 testified that they heard Lefteris Andronicou's telephone ring three times. They considered that it was the