On 27 September 2023, Leto Cariolou appeared together with the Cypriot Agent, Ms Theodora Christodoulidou, in the Grand Chamber hearing held at the European Court of Human Rights in Strasbourg representing Cyprus in the climate-change case Duarte Agostinho and Others v. Portugal and 32 Others (39371/20).

On 19 September 2023, six leading international media freedom organisations and journalists' associations published an open letter calling the Cypriot Government "to act at last and ensure a proper investigation and prosecution of those responsible" for the unlawful surveillance of journalist Makarios Drousiotis.

On 5 May 2023 a Panel of the Court of Appeals Chamber of the Kosovo Specialist Chambers in the Hague found that the fact that Pjetër Shala who is facing trial for war crimes was not provided access to a lawyer during a police interview conducted by Belgian authorities in Belgium in 2016 (specifically the Belgian authorities failed to inform him of his right to legal representation during the interview and this right was not available to him) constituted a violation of the standards of international human rights law. Nonetheless, the Appeals Panel found that the statements obtained during the 2016 Belgian Interview were admissible. Importantly, the Appeals Chamber accepted Shala’s argument that the Trial Panel erred in the admissibility test it sought to apply which required the existence of a “causal link” between the violation of a suspect’s rights and the gathering of evidence. The requirement of a “causal link” which in the view of the Appeals Chamber was “borrowed” from ICC jurisprudence was inconsistent with guiding ECtHR jurisprudence. The violation of a suspect’s rights “must be linked to the gathering of the evidence at issue” and must not be interpreted “as an additional test to assess allegations of violations”.   Source image: Reuters

On 5 July 2022 the European Court of Human Rights issued its judgment in the case of Drousiotis v. Cyprus in which it unanimously concluded that Cyprus violated Drousiotis’ freedom of expression. The case concerned an article published by Drousiotis criticising the Cypriot government in caustic terms for extending the term of office of a high-ranking Attorney of the Republic of Cyprus and voicing concerns as to his suitability for his functions. The Cypriot Supreme Court had considered the impugned comments “insults” and upheld a first-instance decision finding Drousiotis liable for defamation and imposing an award of 25,000 euros in damages. This was the first time that a judgment of the Cypriot Supreme Court in libel proceedings was reversed in Strasbourg. Drousiotis was represented by Leto Cariolou and Charilaos Velaris. It is expected that the judgment by the European Court of Human Rights will influence the Cypriot courts’ interpretation of the right to freedom of expression so that they ensure higher protection for critical political speech as well as for expressions and ideas that offend, shock and disturb.      

On 27 June 2022, Katerina Charitou brought forward a judicial review challenge of two decisions by the Educational Service Committee and the Department for Social Inclusion of Persons with Disabilities on behalf of teachers who were denied admission to the special list of certified teachers with disabilities of the Educational Service Committee that seeks to impose quota regarding the recruitment of persons with disabilities in the public sector. The Applicants argue that the relevant decisions were unlawful, discriminatory, and in breach of the UN Convention on the Rights of Persons with Disabilities. 

On 21 June 2022, Leto Cariolou was appointed co-counsel representing the Accused Pjetër Shala who is being charged before the Specialist Kosovo Chambers in The Hague with four counts of war crimes allegedly committed in Albania in May and June 1999. She joins a defence team led by Jean Louis Gilissen and Mohamed Hédi Aouini and includes Katerina Charitou.

On 2 June 2022, the application of N.T. v Cyprus was filed before the European Court of Human Rights. Leto Cariolou is representing a victim of rape who was denied her right to access a court when the criminal proceedings against the offender were terminated by a non-reviewable decision by the Attorney General of Cyprus. It is the Applicant’s position that the authorities’ insensitivity and failure to take appropriate action to acknowledge the rape, conduct an effective investigation and prosecution, and punish the offender through criminal proceedings violated her rights under the Convention.

On 15 February 2022, Leto Cariolou filed Drousiotis’ Defence in response to the allegation that two of his tweets concerning the former Government Spokesman had been defamatory. Mr Drousiotis, a leading Cypriot journalist who is well-known for his work documenting corruption in the highest echelons of the Cypriot Government, argues that his tweets were a lawful exercise of his right to free speech. The proceedings are currently pending before the District Court of Nicosia.