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You can find the current article at its original source at https://www.theguardian.com/uk-news/2019/dec/30/briton-found-guilty-over-ayia-napa-false-claim-cyprus
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Briton found guilty of making false claim of rape in Ayia Napa | Briton found guilty of making false claim of rape in Ayia Napa |
(about 1 hour later) | |
Defence lawyers say Cypriot police coerced 19-year-old woman into signing confession | Defence lawyers say Cypriot police coerced 19-year-old woman into signing confession |
A British woman has been found guilty of falsely accusing 12 Israeli men of gang-raping her while she was on holiday in Cyprus. | A British woman has been found guilty of falsely accusing 12 Israeli men of gang-raping her while she was on holiday in Cyprus. |
The 19-year-old has been held on the island since July, first in a prison in Nicosia then in safe houses. She was forced to surrender her passport after she withdrew an accusation that the Israeli tourists raped her in her hotel room in the resort of Ayia Napa in July. | The 19-year-old has been held on the island since July, first in a prison in Nicosia then in safe houses. She was forced to surrender her passport after she withdrew an accusation that the Israeli tourists raped her in her hotel room in the resort of Ayia Napa in July. |
The Briton, who could be named now she has been found guilty, told police she was gang-raped in Ayia Napa by 12 Israelis aged between 15 and 22. | The Briton, who could be named now she has been found guilty, told police she was gang-raped in Ayia Napa by 12 Israelis aged between 15 and 22. |
The accused were immediately rounded up and remanded in custody. | The accused were immediately rounded up and remanded in custody. |
The woman retracted the assertion less than a month after making the claim, in a poorly written confession that her lawyers have since argued she was coerced into signing by Cypriot police. The men were released and have since returned to Israel. | The woman retracted the assertion less than a month after making the claim, in a poorly written confession that her lawyers have since argued she was coerced into signing by Cypriot police. The men were released and have since returned to Israel. |
Turning from victim to suspect overnight, the woman was arrested on charges of giving a false statement “over an imaginary offence”. | Turning from victim to suspect overnight, the woman was arrested on charges of giving a false statement “over an imaginary offence”. |
Lawyers for the woman told the court she had only withdrawn her accusations against the men under duress from police. Rights groups have argued she has not had proper legal representation. | Lawyers for the woman told the court she had only withdrawn her accusations against the men under duress from police. Rights groups have argued she has not had proper legal representation. |
The court, in the town of Paralimni, ruled on Monday that she was guilty of a charge of causing public mischief. | The court, in the town of Paralimni, ruled on Monday that she was guilty of a charge of causing public mischief. |
In graphic testimony during the court case, the woman told the court the alleged incident took place while she was having consensual sex with one of the group. | In graphic testimony during the court case, the woman told the court the alleged incident took place while she was having consensual sex with one of the group. |
Her family said they would appeal against the decision. | Her family said they would appeal against the decision. |
The defence lawyer Nicoletta Charalambidou told the Guardian outside the courthouse that they planned to appeal against the verdict. “The judge has been very strict,” she said. “He has rejected all the witnesses of defence and our repeated requests to expedite the case. Our hope is that he will show leniency but we will of course be appealing this judgment.” | The defence lawyer Nicoletta Charalambidou told the Guardian outside the courthouse that they planned to appeal against the verdict. “The judge has been very strict,” she said. “He has rejected all the witnesses of defence and our repeated requests to expedite the case. Our hope is that he will show leniency but we will of course be appealing this judgment.” |
She told reporters that the teenager had not had a fair trial. “The decision of the court is respected,” she said. “However, we respectfully disagree with it. | She told reporters that the teenager had not had a fair trial. “The decision of the court is respected,” she said. “However, we respectfully disagree with it. |
“We believe there have been many violations of the procedure and the rights of a fair trial of our client have been violated. We are planning to appeal the decision to the supreme court, and if justice fails … we are planning to take our case to the European court of human rights.” | “We believe there have been many violations of the procedure and the rights of a fair trial of our client have been violated. We are planning to appeal the decision to the supreme court, and if justice fails … we are planning to take our case to the European court of human rights.” |
As she left the court with her mother after the verdict, the woman was mobbed by photographers and TV crews. Both women wore white scarves around their faces depicting lips sewn together – brought by protesters from the Network Against Violence Against Women, who filled the court and demonstrated outside. | As she left the court with her mother after the verdict, the woman was mobbed by photographers and TV crews. Both women wore white scarves around their faces depicting lips sewn together – brought by protesters from the Network Against Violence Against Women, who filled the court and demonstrated outside. |
For the first time since the case was brought to trial, protesters gathered in heavy rain to deplore what they described as a travesty of justice. | For the first time since the case was brought to trial, protesters gathered in heavy rain to deplore what they described as a travesty of justice. |
“We are here to defend a 19-year-old girl who has been horribly punished because of political interests,” said Andri Gioakatzi, who works at one of the island’s British bases. “She has had to pay the price of Cyprus’s desire to have good relations with Israel. That is why she has been through this and they let all the Israeli boys go.” | “We are here to defend a 19-year-old girl who has been horribly punished because of political interests,” said Andri Gioakatzi, who works at one of the island’s British bases. “She has had to pay the price of Cyprus’s desire to have good relations with Israel. That is why she has been through this and they let all the Israeli boys go.” |
Earlier, the judge, Michalis Papathanasiou, had requested that protesters remove “gagging” masks painted with the image of sewed lips they were wearing in support of the young Briton. | Earlier, the judge, Michalis Papathanasiou, had requested that protesters remove “gagging” masks painted with the image of sewed lips they were wearing in support of the young Briton. |
“It is extraordinary that the court felt threatened by this piece of cloth and should demand that we remove it, or risk being arrested for contempt,” said Zelia Gregoriou, who teaches gender studies at the University of Cyprus and is a member of the newly created Network Against Violence Against Women. | |
All too often, she said, reports of rape by tourists holidaying on the Mediterranean island were dismissed by authorities neither trained nor sensitised in matters of gender. | All too often, she said, reports of rape by tourists holidaying on the Mediterranean island were dismissed by authorities neither trained nor sensitised in matters of gender. |
“This is certainly not the first case of rape in Cyprus but it also takes place at a very significant time when Cyprus is trying to reinvent its relationship with Israel both economically and as a partner in defence,” added Gregoriou. “There is no doubt that this young British woman is a victim of the need to seal that political friendship … She was an essential sacrifice. Nobody was going to be allowed to get in the way.” | “This is certainly not the first case of rape in Cyprus but it also takes place at a very significant time when Cyprus is trying to reinvent its relationship with Israel both economically and as a partner in defence,” added Gregoriou. “There is no doubt that this young British woman is a victim of the need to seal that political friendship … She was an essential sacrifice. Nobody was going to be allowed to get in the way.” |
The woman’s family set up a crowdfunding page asking for money for legal costs, which has raised more than £52,000. In an online post last week, they wrote: “We remain hopeful that she will be allowed to go home on 30th and that justice will be served.” | The woman’s family set up a crowdfunding page asking for money for legal costs, which has raised more than £52,000. In an online post last week, they wrote: “We remain hopeful that she will be allowed to go home on 30th and that justice will be served.” |
Sentencing is scheduled for 7 January. | Sentencing is scheduled for 7 January. |
The judge said the defendant admitted to investigators she had lied and apologised, saying she made up the claims because she was “ashamed” after finding out that some of the Israelis had filmed her having sex on their mobile phones. | The judge said the defendant admitted to investigators she had lied and apologised, saying she made up the claims because she was “ashamed” after finding out that some of the Israelis had filmed her having sex on their mobile phones. |
The defence lawyer Ritsa Pekri asked the court to mitigate her sentence, saying she regretted her actions and did what she did only because she was under strong psychological pressure. | The defence lawyer Ritsa Pekri asked the court to mitigate her sentence, saying she regretted her actions and did what she did only because she was under strong psychological pressure. |
She could be sent to jail for a year or fined more than €1,000 (£854). | She could be sent to jail for a year or fined more than €1,000 (£854). |
Michael Polak, a lawyer from the Justice Abroad group, which is assisting the woman, said: “We are not surprised by the result, given the frequent refusal during the trial of the judge to consider evidence which supported the fact that the teenager had been raped. | Michael Polak, a lawyer from the Justice Abroad group, which is assisting the woman, said: “We are not surprised by the result, given the frequent refusal during the trial of the judge to consider evidence which supported the fact that the teenager had been raped. |
“Shutting down questioning from our Cypriot advocates and the production of evidence into the trial on a handful of occasions the judge stridently stated ‘this is not a rape case, I will not consider whether she was raped or not’. | “Shutting down questioning from our Cypriot advocates and the production of evidence into the trial on a handful of occasions the judge stridently stated ‘this is not a rape case, I will not consider whether she was raped or not’. |
“We have found it incredibly difficult to follow this logic given that an essential element of the offence is for there to be a ‘false statement concerning an imaginary offence’ and therefore, clearly if the teenager was raped, she cannot be guilty. | “We have found it incredibly difficult to follow this logic given that an essential element of the offence is for there to be a ‘false statement concerning an imaginary offence’ and therefore, clearly if the teenager was raped, she cannot be guilty. |
“This will form a ground of appeal before the supreme court of Cyprus along with a number of other failings in the trial process which resulted in the teenager not receiving a fair trial before the district court as guaranteed by Cypriot law as well as both European community law and European human rights law.” | “This will form a ground of appeal before the supreme court of Cyprus along with a number of other failings in the trial process which resulted in the teenager not receiving a fair trial before the district court as guaranteed by Cypriot law as well as both European community law and European human rights law.” |