The decriminalisation of homosexuality, the protection from eviction for tenants of state-owned dwellings, the right of Turkish Cypriots to vote in the parliamentary elections and tackling delays in the administration of justice are some of the examples of the law case of the European Court of Human Rights (ECHR) in relation to Cyprus, which according to a Council of Europe overview, have had a positive impact for human rights protection on a national level.
The overview was prepared by the Legal Affairs and Human Rights Department of the Parliamentary Assembly of the Council of Europe (PACE), in collaboration with the University of Essex, upon the request of Pierre-Yves Le Borgn, the French rapporteur on the implementation of ECHR judgments.
It is noted that the paper “contains selected examples from all 47 States Parties to the Convention that illustrate how the protection of human rights and fundamental freedoms has been strengthened at the domestic level thanks to the Convention and the Strasbourg Court’s case law”.
Moreover, it is added that the list is by no means exhaustive, while in some cases, a number of reforms have been implemented without the Court first finding a violation.
Among the judgments that affect Cyprus, the paper includes the 1993 decision on the “Modinos v. Cyprus” case, that led to male homosexual conduct in private between consenting adults being decriminalised.
Moreover, the 1999 decision on the “Larkos v. Cyprus” is mentioned, that led to amendments in the legislation, putting protection from eviction for tenants of state-owned dwellings on an equal footing with tenants renting from private landlords.
Another reference is made to the 2004 decision on the “Aziz v. Cyprus” case, which in effect extended the right to vote and to be elected in parliamentary, municipal and community elections to Turkish-Cypriots habitually residing in the Republic of Cyprus.
Other cases included in the paper mention the impact of ECHR rulings in increasing the courts’ resources to avoid delays and in the effective remedy for length-of-proceedings complaints.