The Attorney General of Cyprus has formally signalled his intention not to obstruct the private criminal prosecution initiated by the family of Thanasis Nicolaou, a national guardsman who died under controversial circumstances in 2005. This pivotal decision, conveyed through a written response, effectively permits the legal challenge, spearheaded by Nicolaou's mother, Andriana, to proceed before the Limassol District Court without the immediate threat of governmental intervention. The prosecution targets five former police and forensic officials implicated in the initial investigation into Nicolaou's death, which was officially declared a suicide.
The protracted legal battle stems from the enduring scepticism of the Nicolaou family regarding the official findings. Thanasis Nicolaou was discovered deceased beneath the Alassa bridge near Limassol in September 2005. Despite initial pronouncements of suicide, which were subsequently reaffirmed by a second inquiry in 2009, the family has steadfastly maintained that the investigation was fundamentally flawed and potentially orchestrated to conceal wrongdoing. Their persistent pursuit of accountability gained significant international traction in 2020 when the European Court of Human Rights (ECtHR) ruled that the Republic of Cyprus had failed to conduct an effective investigation into the circumstances of Nicolaou's demise.
In a recent development, a legal representative for one of the five defendants, Christakis Kapiliotis, the former head of the Lania police station, submitted a formal request to the Attorney General, George Savvides, urging the suspension of the private prosecution. This plea was predicated on prior legal advice suggesting that a case for dereliction of duty against Kapiliotis could not be substantiated. However, Savvides, in his communication on Tuesday, confirmed his refusal to intervene in the judicial proceedings by halting the case. His decision was reportedly made after consulting with the legal counsel representing the Nicolaou family, Savvas Matsas and Nikos Clerides.
This stance by the Attorney General reflects a nuanced approach to private prosecutions. While Savvides had previously indicated he would not pursue charges himself, citing the considerable passage of time and potential limitations in available testimony, he had also made it clear that he would not impede private citizens from bringing their own cases to court. The current ruling is anticipated to set a precedent, suggesting that similar requests from the other four defendants – forensic pathologist Panikos Stavrianos, former Limassol police director Andreas Iatropoulos, former head of Limassol TAE Nikos Sofocleous, and former Rural head Christakis Nathanael – are likely to be met with the same refusal to intervene.
The implications of this decision are considerable for the Nicolaou family, representing a significant stride towards achieving what they perceive as justice after years of arduous campaigning. The private prosecution, which commenced on December 9th before the Limassol District Court, can now unfurl without the immediate prospect of being quashed by the highest legal authority. This development is expected to galvanize the family's efforts and potentially bring to light critical evidence or testimony that may have been overlooked or suppressed in the initial, and subsequently questioned, investigations. The case is poised to scrutinize the conduct of those officials entrusted with upholding the law and ensuring impartial investigations, potentially marking a watershed moment in Cyprus's handling of sensitive and protracted legal matters.