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ECtHR finds Cyprus did all expected of it in a murder investigation and so did not violate ECHR, art 2

Related Member(s):
Clare Montgomery QC, Jessica Jones
Related Practice Area(s):
Human Rights

Clare Montgomery QC and Jessica Jones acted for the Cypriot Government before the European Court of Human Rights in the case of Güzelyurtlu & Ors v Cyprus & Turkey (App No. 36925/07).

This case considered the investigations by both Cyprus and Turkey into the murder of three Cypriot nationals in 2005 and the reasoning why the investigations had stalled. Finding in favour of the Cypriot Government, the Court decided that Cyprus had done all that could reasonably have been expected of it to obtain the surrender/ extradition of the suspects from Turkey and therefore did not violate the ECHR, art 2.

By contrast, the Court found against the Turkish Government, concluding that Turkey’s conduct in ignoring Cyprus’s extradition requests and returning them without reply amounted to a breach of the procedural limb of art 2, and the Court ordered Turkey to pay damages.