ECHR rules Cyprus violated right to a fair trial in judicial promotion case

The European Court of Human Rights (ECHR) ruled in the case Konstantinou v. Cyprus (application no. 36862/23) that the Republic of Cyprus violated Article 6 § 1 of the European Convention on Human Rights. The applicant, a judge born in 1968, challenged the lack of effective judicial review regarding a decision by the transitional Supreme Judicial Council to deny his promotion to District Court President. The applicant argued that the Supreme Constitutional Court, which rejected his initial complaint, lacked impartiality because its members included the same judges who had originally denied his promotion. By a majority of six votes to one, the ECHR found a violation of the right to access a court, effectively overturning the previous ruling by the plenary of the Supreme Constitutional Court. The court determined that the finding of a violation constitutes sufficient just satisfaction for the applicant's non-pecuniary damage. However, the state was ordered to pay 13,887.60 euros to cover legal costs and expenses. This is considered a significant ruling as it marks the first ECHR conviction against Cyprus regarding the internal judiciary since recent judicial reforms. The judgment is not yet final, pending a three-month period for potential referral to the Grand Chamber.