SECRETARIAT OF THE COMMITTEE OF MINISTERS
SECRÉTARIAT DU COMITE DES MINISTRES
Contact: Simon Palmer
DH - DD(2012)1241
Item reference: 1136th meeting DH (March 2012)
Communication from the government of Cyprus in the case of Rantsev against Cyprus and the Russian Federation (Application No. 25965/04).
Information made available under Rule 8.2.a of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements.
* * *
Référence du point : 1136e réunion DH (mars 2012)
Communication du gouvernement de Chypre dans l'affaire Rantsev contre Chypre et la Fédération de Russie (Requête n° 25965/04) (anglais uniquement).
Informations mises à disposition en vertu de la Règle 8.2.a des Règles du Comité des Ministres pour la surveillance de l’exécution des arrêts et des termes des règlements amiables.
RANTSEV v CYPRUS AND RUSSIA
(Judgment 07/01/10 Final 10/05/10)
UPDATE CONCERNING INDIVIDUAL MEASURES
13 January 2012
The information below respecting enforcement of the judgment is an update to the Action Plan of 8 April 2011.
1.1. It has to be recalled that the Government of Cyprus appointed in 2009 three independent criminal investigators whose mandate is to investigate (a) the circumstances of death of the applicant´s daughter and any criminal responsibility by any person, authority of the Republic, or member of the police concerning her death, (b) the circumstances concerning her employment and stay in Cyprus in conjunction with the possibility of trafficking and/or sexual or other exploitation and (c) the commission of any other unlawful act against her.
1.2. The criminal investigators completed their investigation and on 14.November 2011 submitted their report along with the criminal investigation file at the Office of the Attorney General. After studying the said report and file the Attorney General instructed the criminal investigators to proceed with further examination of the case, including taking further statements. A letter was sent in this regard on 13 December 2011.
1.3. Since the investigation file did not include a statement from Mr Rantsev, the Attorney General on 20 December 2011 sent a letter to Mr Rantsev and urged him to reconsider the investigators´ invitation and to come to Cyprus for the purposes of giving a statement.
1.4. In order to assist the present criminal investigators and facilitate the prompt completion of their investigation, especially since one of the investigators – Mr Yannakis Agapiou - died, the Attorney General appointed another two criminal investigators who have already begun working.
1.5. Following the Attorney General´s instructions the criminal investigators will submit further evidence at the Office of the Attorney General. Based on the evidence collected the Attorney General will decide whether to proceed with the prosecution of certain people.
2.1. It has to be recalled that pursuant to the Council of Europe Convention on Mutual Assistance in Criminal Matters, the Russian authorities by letter dated 19 May 2010 submitted to the Cypriot authorities a request for assistance. The request was that the Cypriot authorities take statements from specific people. For the purposes of executing the Russian request, the Cypriot Ministry of Justice and Public Order informed the Russian authorities that once the investigators complete their investigation, they will execute the Russian request accordingly. Therefore, on 12 January 2012 the Ministry of Justice and Public Order replied positively to the Russian request for assistance and attached copies of statements taken from witnesses whom the Russian authorities had requested to have their statement taken. However, it was not possible to take statements from two people whom the Russian authorities had requested to have their statement taken as the one has already died and the other refused to give a statement.
1 In the application of Article 21.b of the rules of procedure of the Committee of Ministers, it is understood that distribution of documents at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers (CM/Del/Dec(2001)772/1.4). / Dans le cadre de l'application de l'article 21.b du Règlement intérieur du Comité des Ministres, il est entendu que la distribution de documents à la demande d'un représentant se fait sous la seule responsabilité dudit représentant, sans préjuger de la position juridique ou politique du Comité des Ministres CM/Del/Dec(2001)772/1.4).