Overview

Leto Cariolou is a specialist human rights and criminal law practitioner. She has substantial experience in representing applicants before the European Court of Human Rights at all stages of the proceedings, including Grand Chamber hearings. Leto has more than 13 years’ experience providing advice in cases before the International Criminal Court, the International Residual Mechanism for Criminal Tribunals, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Tribunal for Lebanon. She has acted as an expert in human rights issues for various international organisations, including the Council of Europe, the UN, and the Organization for Security and Cooperation in Europe (OSCE).

International human rights law

Leto has substantial experience in representing applicants before the European Court of Human Rights at all stages of the proceedings, including Grand Chamber hearings. She has worked on a vast variety of issues arising under the Convention.

She represented Makarios Drousiotis, a Cypriot journalist found liable for defamation in respect of an article criticizing the Cypriot government and former deputy Attorney General of Cyprus. The case was communicated and is currently pending before the Court.

She represented the Hudorovic and Novak families who live in informal Roma settlements in Slovenia and complained of a violation of their right to access water. The applicants issued proceedings in Strasbourg against the Slovenian government complaining of a violation of Articles 3 and 8 of the Convention on account of the lack of safe drinking water and poor sanitation at their settlement as well as a violation of Article 14 due to the systemic inequality they suffer as a result of being members of the Roma community. The Court ultimately found no violation of the Convention. It recognized however for the first time that persistent lack of access to safe water may engage the State’s positive obligations under Article 8 of the Convention.

She advised a Turkish Cypriot conscientious objector who was convicted by the Turkish authorities for failing to serve in the reservist service of their armed forces in proceedings in Strasbourg complaining of a violation of his rights under Articles 9, 13, and 14 of the Convention. The case was communicated and is currently pending before the Court.

She acted in a number of applications representing Greek Cypriots challenging the continuing violation of their rights to property and peaceful enjoyment of their homes situated in the northern part of Cyprus as a result of the Turkish invasion of 1974. She also represented the families of persons who went missing after being captured by Turkish forces in Cyprus in 1974.

She represented Kafkaris in proceedings before the Cypriot Supreme Court and subsequently in Strasbourg challenging the lawfulness of the imposition under Cypriot law of mandatory life imprisonment without the possibility of parole. The Grand Chamber of the Court found that there had been a violation of Article 7 of the Convention.

She represented Azinas in proceedings before the European Court of Human Rights against the Republic of Cyprus. Azinas complained of a violation of Article 1 of Protocol No. 1 in relation to his dismissal from the Cypriot public service and the consequent forfeiture of his pension rights. The Chamber judgment found that the applicant had acquired a right to a pension when entering the public service in Cyprus, which right constituted a “possession” for the purposes of the Convention. The Grand Chamber subsequently denied jurisdiction over the case.

Leto also advised the Cypriot government with regard to the High-Level Conferences on the future of the European Court of Human Rights in 2011 and 2012.

Leto’s notable cases from her time as a Case Lawyer with the European Court of Human Rights include:

Rantsev v. Cyprus and Russia (lead judgment on prohibition of forced labour and human trafficking. The case concerned the complaints under Articles 2, 3, 4, 5, and 8 of the Convention brought by the father of a Russian girl who had been trafficked in Cyprus and was ultimately killed);

Panovits v. Cyprus (lead judgment on the right to legal representation of minors during police interrogation. The Court found multiple violations of Article 6 and for the first time endorsed the doctrine of the fruit of the poisonous tree in respect of the reliance by the Cypriot Assize Court for the purposes of the applicant’s conviction on a tainted confession);

MGN Ltd v. the UK (concerning Naomi Campbell’s challenge to the Daily Mirror’s article portraying her as a drug addict and publishing pictures of her leaving meetings at Narcotics Anonymous);

Wall Street Journal Europe SPRL and others v. the UK (concerning complaints of a violation of Articles 6 and 10 of the Convention with regard to the publication of an article associating Saudi businessmen with funneling funds to terrorist organisations).

Media Law

Leto accepts instructions in libel proceedings in Cyprus for both plaintiffs as well as defendants. She regularly gives pre-publication advice to journalists on a number of areas of media law, including defamation, privacy, and whistleblowing protection.

In Strasbourg, she represented Makarios Drousiotis, a Cypriot journalist found liable for defamation in respect of an article criticizing the Cypriot government and a former deputy Attorney General of Cyprus. The case was communicated and is currently pending before the Court

International

Leto has substantial experience in representing applicants before the European Court of Human Rights at all stages of the proceedings, including Grand Chamber hearings. She has worked on a vast variety of issues arising under the Convention.

She represented Makarios Drousiotis, a Cypriot journalist found liable for defamation in respect of an article criticizing the Cypriot government and former deputy Attorney General of Cyprus. The case was communicated and is currently pending before the Court.

She represented the Hudorovic and Novak families who live in informal Roma settlements in Slovenia and complained of a violation of their right to access water. The applicants issued proceedings in Strasbourg against the Slovenian government complaining of a violation of Articles 3 and 8 of the Convention on account of the lack of safe drinking water and poor sanitation at their settlement as well as a violation of Article 14 due to the systemic inequality they suffer as a result of being members of the Roma community. The Court ultimately found no violation of the Convention. It recognized however for the first time that persistent lack of access to safe water may engage the State’s positive obligations under Article 8 of the Convention.

She advised a Turkish Cypriot conscientious objector who was convicted by the Turkish authorities for failing to serve in the reservist service of their armed forces in proceedings in Strasbourg complaining of a violation of his rights under Articles 9, 13, and 14 of the Convention. The case was communicated and is currently pending before the Court.

She acted in a number of applications representing Greek Cypriots challenging the continuing violation of their rights to property and peaceful enjoyment of their homes situated in the northern part of Cyprus as a result of the Turkish invasion of 1974. She also represented the families of persons who went missing after being captured by Turkish forces in Cyprus in 1974.

She represented Kafkaris in proceedings before the Cypriot Supreme Court and subsequently in Strasbourg challenging the lawfulness of the imposition under Cypriot law of mandatory life imprisonment without the possibility of parole. The Grand Chamber of the Court found that there had been a violation of Article 7 of the Convention.

She represented Azinas in proceedings before the European Court of Human Rights against the Republic of Cyprus. Azinas complained of a violation of Article 1 of Protocol No. 1 in relation to his dismissal from the Cypriot public service and the consequent forfeiture of his pension rights. The Chamber judgment found that the applicant had acquired a right to a pension when entering the public service in Cyprus, which right constituted a “possession” for the purposes of the Convention. The Grand Chamber subsequently denied jurisdiction over the case.

Leto also advised the Cypriot government with regard to the High-Level Conferences on the future of the European Court of Human Rights in 2011 and 2012.

Leto’s notable cases from her time as a Case Lawyer with the European Court of Human Rights include:

Rantsev v. Cyprus and Russia (lead judgment on prohibition of forced labour and human trafficking. The case concerned the complaints under Articles 2, 3, 4, 5, and 8 of the Convention brought by the father of a Russian girl who had been trafficked in Cyprus and was ultimately killed);

Panovits v. Cyprus (lead judgment on the right to legal representation of minors during police interrogation. The Court found multiple violations of Article 6 and for the first time endorsed the doctrine of the fruit of the poisonous tree in respect of the reliance by the Cypriot Assize Court for the purposes of the applicant’s conviction on a tainted confession);

MGN Ltd v. the UK (concerning Naomi Campbell’s challenge to the Daily Mirror’s article portraying her as a drug addict and publishing pictures of her leaving meetings at Narcotics Anonymous);

Wall Street Journal Europe SPRL and others v. the UK (concerning complaints of a violation of Articles 6 and 10 of the Convention with regard to the publication of an article associating Saudi businessmen with funneling funds to terrorist organisations).

Media Law

Leto accepts instructions in libel proceedings in Cyprus for both plaintiffs as well as defendants. She regularly gives pre-publication advice to journalists on a number of areas of media law, including defamation, privacy, and whistleblowing protection.

In Strasbourg, she represented Makarios Drousiotis, a Cypriot journalist found liable for defamation in respect of an article criticizing the Cypriot government and a former deputy Attorney General of Cyprus. The case was communicated and is currently pending before the Court

International criminal & humanitarian law

Leto has worked on a number of high-profile cases at various international criminal tribunals.

Most recently, she was appointed legal adviser to the defence team representing the interests of Mr Salim Ayyash who is facing a trial in absentia in relation to terrorism offences before the Special Tribunal for Lebanon in The Hague.

Leto advised the Appeals Chamber of the United Nations Mechanism for International Criminal Tribunals in a number of cases including the appeal proceedings in the cases of Radovan Karadžić, Augustin Ngirabatware, Uwinkindi as well as various contempt proceedings.

Leto also assisted the Trial Chamber of the ICTY in the trials of Ratko Mladić and Stanišić & Simatović.

She advised the Pre-Trial Chamber of the International Criminal Court on the Kenyan situation and particularly with regard to the decision authorising the ICC Prosecutor to investigate ex proprio motu the Kenyan situation, which was the first ICC decision authorising such investigations.

Furthermore, she advised an international NGO, which seeks the restitution of art and cultural goods looted during armed conflicts.

International

Leto has worked on a number of high-profile cases at various international criminal tribunals.

Most recently, she was appointed legal adviser to the defence team representing the interests of Mr Salim Ayyash who is facing a trial in absentia in relation to terrorism offences before the Special Tribunal for Lebanon in The Hague.

Leto advised the Appeals Chamber of the United Nations Mechanism for International Criminal Tribunals in a number of cases including the appeal proceedings in the cases of Radovan Karadžić, Augustin Ngirabatware, Uwinkindi as well as various contempt proceedings.

Leto also assisted the Trial Chamber of the ICTY in the trials of Ratko Mladić and Stanišić & Simatović.

She advised the Pre-Trial Chamber of the International Criminal Court on the Kenyan situation and particularly with regard to the decision authorising the ICC Prosecutor to investigate ex proprio motu the Kenyan situation, which was the first ICC decision authorising such investigations.

Furthermore, she advised an international NGO, which seeks the restitution of art and cultural goods looted during armed conflicts.

Inquests & public inquiries

Leto advised the investigating judge appointed by the President of the UN Mechanism for International Criminal Tribunals to conduct the investigation into the circumstances of death of a detainee at the UN Detention Unit in The Hague and report on the findings of his investigation to the UN Security Council.

Notable cases

Leto’s notable cases from her time as a Case Lawyer with the European Court of Human Rights include:

Rantsev v. Cyprus and Russia (lead judgment on prohibition of forced labour and human trafficking. The case concerned the complaints under Articles 2, 3, 4, 5, and 8 of the Convention brought by the father of a Russian girl who had been trafficked in Cyprus and was ultimately killed);

Panovits v. Cyprus (lead judgment on the right to legal representation of minors during police interrogation. The Court found multiple violations of Article 6 and for the first time endorsed the doctrine of the fruit of the poisonous tree in respect of the reliance by the Cypriot Assize Court for the purposes of the applicant’s conviction on a tainted confession);

Sufi and Elmi v. the UK (concerning the applicants’ proposed expulsion to Mogadishu, Somalia, which was ultimately suspended due to the intense indiscriminate violence posing a real risk to civilians in Mogadishu at the time);

NA v. the UK (concerning the applicant’s proposed expulsion to Sri Lanka and his fear of persecution as a result of the climate of general violence in Sri Lanka at the time).

Notable cases raising various issues under Article 10 of the Convention:

MGN Ltd v. the UK (concerning Naomi Campbell’s challenge to the Daily Mirror’s article portraying her as a drug addict and publishing pictures of her leaving meetings at Narcotics Anonymous);

Wall Street Journal Europe SPRL and others v. the UK (concerning complaints of a violation of Articles 6 and 10 of the Convention with regard to the publication of an article associating Saudi businessmen with funneling funds to terrorist organisations);

Alithia Publishing Company Ltd and Constantinides v. Cyprus (concerning the publication of a series of articles accusing a former minister of defence of Cyprus of misappropriation of public funds);

Sigma Radio Television Ltd v. Cyprus (concerning the fines imposed on the applicant by the Cypriot Broadcasting Authority).

Publications

Books:

  • Co-editor of Judge Loucaides: An Alternative View on the Jurisprudence of the European Court of Human Rights (Martinus Nijhoff, 2008), together with Judges D. Spielmann, F. Tulkens and A. Kovler.

Book chapters:

  • ‘Circumnavigating the Conflict Between the Right to Reputation and the Right to Freedom of Expression’ in E. Brems and S. Smet (eds), When Human Rights Clash at the European Court of Human Rights (OUP, 2017);
  • ‘The Applicability of the European Convention of Human Rights in Situations of Effective Control over Another State’s Internationally Recognised Territory’, in Protection of Human Rights in Administrative Proceedings: Developments in the Ukraine (Kiev, 2015) (in Ukrainian);
  • ‘Two Variations on a Theme: Privacy and Reputation’, in J. Casadevall et al. (eds), Mélanges en l’honneur de Dean Spielmann (Wolf Legal Publishers, October 2015);
  • ‘Protection of Reputation under the European Convention of Human Rights’ (with D. Spielmann), in D. Spielmann, M. Tsirli and P. Voyatzis (eds.), The European Convention on Human Rights, A Living Instrument (Brussels, Bruylant, 2011);
  • ‘The search for an equilibrium undertaken by the European Court of Human Rights’, in E. Brems (ed.), Conflicts Between Fundamental Rights (Intersentia, 2008);
  • ‘The right to reputation’ (with D. Spielmann), in Law in the Changing Europe: Liber Amicorum Pranas Kuris (Mykolo Romerio Universitetas, 2008);
  • ‘Article 47 – Right to an effective remedy and to a fair trial’, in Commentary of the Charter of Fundamental Rights of the EU by EU Network of Independent Experts on Fundamental Rights (June 2006).

Journal articles and informational notes:

  • Editor-In-Chief, Cyprus Human Rights Law Review (2011-2017);
  • ‘The Developing Law of Privacy and the Limits to the Public Interest Defence: The Grand Chamber Judgment in Couderc and Hachette Filipacchi Associés v France’, Media Law Journal (2016).
  • ‘Advancing the Court’s Remedial Competence and Complementary Role in the Field of Execution: The Cyprus v Turkey (Just Satisfaction) Judgment’, Cyprus Human Rights Law Review, Vol. 3 (2014);
  • Salduz and the Right to Legal Assistance – Report on NJCM Conference’, Nederlands Tijdscrhift voor de Mensenrechten, Vol. 38, No. 1 (2013);
  • ‘Recent case-law of the European Court of Human Rights concerning minorities’, European Yearbook of Minority Issues ,Vol. 6 (2006/2007) and Vol. 7 (2007/2008);
  • ‘The right not to be offended by members of the British National Party: An analysis of Serco Ltd v Redfearn in the light of the European Convention of Human Rights’, Industrial Law Journal, Vol. 35, No. 4 (December 2006).

Evaluation reports:

  • Co-author, Annual report on the situation of fundamental rights in the Republic of Cyprus, Cellule de Recherche Interdisciplinaire en Droits de l’Homme (2003 and 2004), www.cpdr.ucl.ac.be/cridho.

Professional memberships

Admitted to the Lists of Defence Counsel and Victims’ Counsel of the Kosovo Specialist Chambers;

Member of the International Criminal Court Bar Association;

Board of Directors, European Human Rights Law Institute

Listed as “Expert in Human Rights” for the OSCE

Listed as expert for Council of Europe criminal reform projects

 

 

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