European Court of Human Rights Condemns the Practice of Cypriot Courts

The European Court of Human Rights (ECHR) delivered a judgment in the case “Iosif v. Cyprus,” recognizing that in this instance the applicant’s right to the presumption of innocence was violated.

According to the decision, published on September 25, 2025, the violation consisted of direct and multiple references in one of the criminal court rulings to the applicant’s alleged involvement in crimes, even though he was not formally accused in that proceeding. The ECHR considered that such formulations created the impression of his guilt and undermined the fundamental principle of a fair trial.

The Court noted that in assessing such cases, both the content and the quantity of the references are taken into account. Although the national court handling the applicant’s case was not formally bound by these findings and was supposed to decide independently on his guilt, the nature of the references in another judicial decision was sufficient to recognize a violation.

The applicant also claimed that Cyprus lacked effective remedies in such situations. However, the ECHR rejected this argument. The Court indicated that the request to terminate the criminal proceedings had been reviewed by the High Criminal Court consisting of three judges, and the denial of such a petition does not indicate the inefficiency of the national system.

As a result, the ECHR found a violation of Article 6 of the European Convention on Human Rights regarding the presumption of innocence and awarded the applicant €5,000 in compensation for non-pecuniary damage.

This decision serves as an important reminder to Cypriot courts of the need to formulate their judgments carefully and avoid phrasing that may be perceived as accusatory towards individuals not formally charged with a criminal offense.