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Compensation for moral damage based on Αrticle 146 of the Constitution

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About This Case

On the 16/10/2008 the European Court of Human Rights issued a decision, after the submission of a case based on 2 applications against the Cyprus Government by 2 Cypriot citizens represented by Mr. Melas, under article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

The Supreme Court of Cyprus referring to Article 146 of the Constitution rejected the claimant’s allegation for the ruling of compensations for moral damage after the investigation of the offences they were charged with. The claimants had been removed from the police force where they were working and were defamed from accusations naming them as torturers. Mr Melas was alleging that this constituted a violation of article 6 and 8 of the convention referring to the rights of fair trial and respect of private life, and that the Cyprus Government was under the positive obligations a state has towards its citizens to compensate the claimants.

The European Court of Human Rights stressing the importance of the protection of moral and psychological integrity and the reputation of the claimants accepted Mr Melas position ruling that the rejection of compensation from the Cyprus Government for the moral damage the claimants had suffered constituted a violation of the procedural obligation of the Cyprus Government under articles 6 and 8 of the Convention.

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