The European Court of Human Rights (ECHR) has notified the Republic of Cyprus of the part of the application filed by former Auditor General Odysseas Michaelides concerning his dismissal, which concerns the allegation of a violation of Article 10 of the European Convention on Human Rights, which protects freedom of expression.
In a post on “X,” Mr. Michaelides describes the European Court of Human Rights’ (ECHR) decision to notify the Republic of Cyprus of this part of his application as a positive development.
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This notification is not merely an administrative forwarding of an application by the Registry to the state against which it is directed, Mr. Michaelides states in his post on “X,” noting that the decision was made by the President of the Fifth Section of the Court and that this specific issue is now before the Republic of Cyprus for further consideration by the EECJ.
According to Mr. Michaelides, on August 20, the President of the Fifth Section of the ECHR decided to notify the Republic of Cyprus of the part of his application concerning the allegation of a violation of Article 10 of the EuropeanConvention on Human Rights, which protects freedom of expression.
“This is the part that concerns the core of the case: whether my dismissal from the position of Auditor General constituted a violation of my right to freedom of expression, in connection with public statements and actions regarding matters of public interest in the course of my duties, as well as the deterrent effect (chilling effect) that such a dismissal may have on the exercise of the auditor’s and institutional role,” Mr. Michaelides stated.
“This development is certainly positive. However, it does not prejudge either the admissibility or the Court’s final ruling on the merits,” he adds. In the official case summary, he notes, the ECHR itself refers to Mr. Michailidis’s public statements and positions on issues of public debate “and records my position that these public interventions—and, more generally, the conduct attributed to me—were connected to the performance of my professional duties as Auditor General.”
Mr. Michailidis notes that the Court raises “two specific questions”: first, whether there was an interference with his right to freedom of expression due to his dismissal from the position of Auditor General, and second, if such an interference occurred, whether it was provided for by law, served a legitimate purpose, and was “necessary in a democratic society.”
It further notes that, in examining these questions, the ECHR “expressly refers to relevant case law,” including the cases of Baka v. Hungary, Danileţ v. Romania, and Kövesi v. Romania—involving Laura Codruța Kövesi, the current European Chief Prosecutor and head of the European Public Prosecutor’s Office (EPPO), who had previously been dismissed in Romania from her position as head of the National Anti-Corruption Directorate and was vindicated by the ECHR for a violation, including, among other things, her freedom of expression.
“The case is now proceeding according to the process set forth following notification,” Mr. Michaelides stated, noting that, during the adversarial phase, the Republic of Cyprus will be called upon to present its position on the facts, the admissibility, and the merits of the complaint.
In conclusion, Mr. Michaelides expresses optimism about this development and states that he is “cautiously optimistic, with absolute respect for the ongoing process.”
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Source: CNA
