This is one of the cases which shocked Cypriot public opinion. The bloody kidnapping in Chloraka of Paphos and the role of the MMAD (Motorized Direct Action Unit).

It was Christmas Eve 1993 when the Police attempted to free the young woman who was being held hostage by her partner who was threatening to kill her.

The Chronicles

Shortly before Christmas dawn, on the order of the then Minister of Defense, strong forces of the MMAD arrived and were ordered to “finish” that incident as soon as possible. So they did, a group of MMAD, threw lots of tear gas into the small apartment of the two young men, broke down the door and started shooting blindly. The result is tragic. Mortally wounded, 24-year-old Elsi is taken to G.N. Pafos, where a short time later he ends up fatally. As for the alleged assailant and kidnapper, it was determined by the legal autopsy that his death was instantaneous.

After the tragic incident, Elsa’s mother spoke publicly about her daughter’s relationship with Lefteris. As she mentioned, “her father raised objections because Lefteris was married and had two children. My daughter was young and she was 14 years old. But then, since he loved him, we relented and agreed to be engaged, and he lived with him for a few days.” He added that he had sent her to England to end her relationship, but because she loved him she returned back. “He had locked her in the apartment again because he was afraid he would lose her.

Maybe he had a psychological problem (…) The police didn’t listen to what we told them. They pressured Lefteris and called him every five minutes. He felt a lot of pressure and was afraid that there would be big consequences, so he threatened to kill himself. Then he made a second threat to kill Elsi.”

He then stated that “in the end the Police took the initiative and they attacked to catch the terrorists and criminals and killed my daughter. The Police are responsible for this act. It will be proven that my daughter died from the bullets of the Police, and not from the hunting rifle of Lefteris.” Elsa’s brother had also made statements.

“I am sure that the Police are responsible for my sister’s death. It is the fault of the one who gave the order, the Police Commander because if he had listened to the plea of ​​my father and my mother, then what happened would not have happened. My sister ran away from the police. The whole world saw it on TV, even though the police are trying to hide the evidence.”

The acquittal of the Cypriot police at the European Court

The European Court of Justice (ECtHR) in its decision decided that the MMAD did not use unnecessary force in the operation. Commenting on this decision at the time, the Attorney General at the time, Alekos Markidis, said that the lawyers of the relatives of Lefteris Andronikos and Elsis Konstantinou, who were killed during the police operation in Chloraka, in December 1993, had to first appeal to the Cypriot Courts before turning to the Human Rights Commission.

Markidis explained that the Court ruled that the threat against Elsa was so immediate which justified the use of MMAD men in the whole case.

Referring to the facts, the Attorney General said that the Republic was willing to settle claims ex gratia, which it did with the minor children of Andronikos, after they came to an agreement with their mother and legal guardian, who accepted an amount 50 thousand pounds for her children.

Elsa’s parents and Andronikos’ father and sister, however, did not want to negotiate an amount without an admission of responsibility from the Republic. They insisted on an admission, on the part of the Republic, that it was guilty of violating the human right to life, in accordance with Article 2 of the European Convention for the Protection of Human Rights. After that they went before the Strasbourg authorities, said the Attorney General.

The Human Rights Commission’s opinion was initially favorable to them, Mr. Markidis said, but the Republic of Cyprus brought the case before the European Court of Human Rights, resulting in the new ruling.

Referring to the decision, Mr. Markidis said that “by majority, it was decided that the Republic did not violate Article 2 of the European Convention on the Protection of Human Rights, because the Court, taking into account all the evidence before it, came to the conclusion that the negotiations and the way the whole operation was organized was within the framework of Article 2 and that what was done during the operation was a matter of split-second decision, in view of a shooting or previous shootings by Lefteris”.

The Republic, he said, has been cleared by the European Court of Justice, regarding the accusation that it violated Article 2.

At the same time, he was acquitted of the claim that he violated the applicants’ right of access to the Cypriot Courts. On the contrary, Mr. Markidis said, he had proposed that the Republic cover all legal expenses, in the event that a lawsuit would be filed in Cyprus, regardless of any outcome.

Asked to comment on the point that refers to the use of force, the Attorney General said that, as it appears from the European Court’s communique, “it has not been demonstrated that the whole operation was planned and organized in a way that reduced to the necessary extent the risk to human lives.”

He explained that the threat against Elsa was so immediate which justified the use of MMAD men in the whole case.

“The Court cannot retroactively substitute its own judgment for the judgment of people who were forced to make a split-second decision, even if the decision they make later turns out to be wrong,” he said.

Importance for the violation of human rights, he noted, “has the purpose and to what extent in the circumstances the specific people, who were organs of the state, acted under the circumstances of the crisis.”

Mr. Markidis said that he did not see the reason why this case went directly to the institutions of Strasbourg, at a time when the independence of the Cypriot Courts is known.

He expressed regret for the human tragedy, but stressed that he saw no reason why a conviction should be written against the Republic of Cyprus by the European Court of Justice.