in-cyprus 14 February 2026 - by Michalis Chatzivasilis
Citizens will be able to file civil claims for damages if the courts of the Republic breach their right to have a criminal charge heard within a reasonable time.
The Ministry of Justice and Public Order has drafted a bill and launched it for public consultation under the title “The Effective Remedies for Violation of the Right to Trial within a Reasonable Time in Criminal Cases Law of 2026”.
The bill grants the right to bring a compensation claim both after a case has concluded with a final court judgment and while proceedings are still pending, in relation to delays. It also allows a claim for violation of the right to be raised within the framework of ongoing proceedings.
The draft law aims to provide effective remedies for breach of the right to a hearing within a reasonable time, in line with Article 30 of the Constitution and Articles 13 and 6.1 of the Convention.
The right to sue will extend to anyone affected by the failure to examine a criminal charge within a reasonable time in cases before first-instance courts, the Court of Appeal, or the Supreme Court, whether those cases have ended with a final judgment or remain pending at any stage.
Under the bill, a person who claims that, in a case covered by the law, their right to a hearing within a reasonable time has been violated may seek the legal remedies provided for in the legislation to obtain the relief it sets out.
For cases that have concluded with a final judgment, the competent court with jurisdiction to examine and decide on a claim under Articles 5 and 6 will be as follows:
In relation to first-instance court cases, the administrative president of any District Court, provided that while the case in question was pending, he or she was not serving at the court before which the case was heard and had no involvement at any stage of its examination.
In relation to Court of Appeal cases, a judge or judges of the Court of Appeal, as designated by the Supreme Court.
In relation to Supreme Court cases, a judge or judges of the Supreme Court.
The above provisions will also apply to cases that were discontinued, withdrawn, or suspended, or in which a person was acquitted or otherwise discharged without the case being tried.
