Limassol, Cyprus. A man accused of rape and assault was ordered on Thursday to remain in custody pending trial, despite the complainant formally asking the court to withdraw her complaint. The trial is scheduled for March.
Complaint withdrawal and prosecution decision
The case concerns a woman who accused her partner of rape and assault but sought to retract her statement a few days later. Despite her request, the prosecution proceeded and the case was referred directly to the Limassol permanent criminal court.
Court hearing and sworn statement
The complainant appeared in court and submitted a sworn statement saying she “no longer has a complaint” and wished the proceedings to end. The court nonetheless accepted the prosecution’s application for pre-trial detention.
Arguments by prosecution and defence
Prosecuting lawyer Panikos Avraamides said the case must proceed “on the basis of the testimonial material” and cited provisions of the Istanbul Convention requiring authorities to pursue serious cases of gender-based violence even when victims later withdraw cooperation. The defence objected, stressing the complainant’s explicit wish to halt the proceedings.
Detention order and alleged incident
The court rejected the defence position and ordered the accused to be remanded at the central prisons until the trial. According to the case file, the incident allegedly followed an argument after the complainant asked her partner to delete photographs of his former partner, after which she claimed he became violent, verbally abused and struck her, and when she attempted to leave the house, “he pulled her by the hair and raped her”.
What do you think the court’s decision means for cases where complainants later seek to withdraw their complaints?
