Philenews

Responsibility Shifts from 'Victim' to State - Stella Kyriakidou Analyzes the Istanbul Convention and Explains Why the Syka Case Must Proceed

Published January 17, 2026, 05:04
Responsibility Shifts from 'Victim' to State - Stella Kyriakidou Analyzes the Istanbul Convention and Explains Why the Syka Case Must Proceed

The case involving an MP accused of domestic violence against his partner, and the subsequent withdrawal of the complaint, has sparked debate about whether authorities can continue their investigations. The Legal Service, despite the withdrawal, successfully requested the lifting of the MP's immunity for investigation purposes. Stella Kyriakidou, former Commissioner for Health and Food Safety, emphasizes that the responsibility for investigating the case shifts from the victim to the state, in accordance with the Istanbul Convention. The Council of Europe Convention on preventing and combating violence against women and domestic violence clarifies that states cannot base criminal proceedings solely on the victim's will. Article 55 of the Convention highlights the obligation of states to continue criminal prosecution even after the withdrawal of the complaint, especially in cases of serious violence such as domestic violence, bodily harm, sexual violence, and rape. Ms. Kyriakidou points out that the Convention recognizes the pressures victims may face to withdraw complaints, and that violence is not a private matter but a public interest issue. Therefore, the withdrawal of the complaint should not automatically halt criminal proceedings, but the state has the power and duty to continue the investigation if sufficient evidence exists. In conclusion, the Istanbul Convention does not abolish the victim's right to withdraw a complaint, but transfers the responsibility for prosecution to the state. In Cyprus, the Convention has been ratified and forms part of the legal framework, giving authorities the power to continue investigations and prosecutions even after the withdrawal of the complaint, provided sufficient evidence exists.