Supreme Court rules judge Doria Varoshiotou cannot return to position
Source: in-cyprus.com
The Supreme Judicial Council has filed an objection to dismissed judge Doria Varoshiotou’s constitutional court appeal seeking her reinstatement.
The Supreme Judicial Council today opened its response through lawyer Polys Polyviou, arguing that Varoshiotou lacks legal standing to seek reinstatement since she filed an objection to her dismissal.
Varoshiotou was dismissed in June after the council refused to confirm her permanent appointment following a two-year probationary period. Her dismissal followed intense scrutiny over her handling of the high-profile Thanasis Nicolaou death inquiry and subsequent clashes with senior court officials.
Thanasis Nicolaou ruling
Varoshiotou gained prominence in May 2024 when she ruled that 26-year-old national guardsman Thanasis Nicolaou died from strangulation in 2005, overturning 19 years of official suicide verdicts. The verdict vindicated the victim’s mother, who had campaigned for years seeking justice.
The case involved a dual Greek Cypriot-Australian citizen who was found dead under Alassa bridge near Limassol after reporting severe bullying at his army unit. Exhumation of his remains in 2020 revealed a broken hyoid bone indicating strangulation, contradicting the original suicide ruling by state pathologist Panicos Stavrianos.
However, Varoshiotou’s refusal to allow Stavrianos to testify during proceedings drew criticism. The Supreme Court later found she committed “legal errors” in her case handling, though it did not overturn her verdict.
Additional judicial disputes
Following the Nicolaou ruling, Varoshiotou was transferred from criminal to civil duties. Court documents reveal she subsequently clashed with the Limassol District Court president over two other death investigations – one involving a traffic accident fatality, another concerning a scaffolding death.
The Supreme Judicial Council reviewed 11 judges’ probationary periods, appointing seven permanently, extending probation for three, and terminating only Varoshiotou’s position.
Council challenges legal basis
The council’s objection states that whilst Varoshiotou’s appointment was suspended, this does not generate additional rights allowing her return to duties as requested in her Constitutional Court application.
The council argues that since Varoshiotou “had accepted her probationary appointment for two years,” took the oath and raised no issues at the time, she cannot object now.
Varoshiotou’s legal team, through lawyer Achilleas Demetriades, had cited legislation providing that if a judge files an objection to termination of appointment, they return to duties “until the Constitutional Court decides.”
Dispute over procedural rights
The council contends this issue has been settled by judicial precedent, stating that judges do not automatically return to duties upon filing objections.
Polyviou argues in the objection that Varoshiotou’s application is “legally and substantively unfounded” and the legal basis is “erroneous and incomplete as none of the legislative articles and regulations cited provide authority for issuing the requested decree.”
The council considers the application “inadmissible and unfounded” and destined for rejection, as its subject matter contradicts the council’s 27 June 2025 decision which clearly states non-confirmation of her permanent appointment as District Judge.
Standing questioned
The objection notes that Varoshiotou lacks legal interest to challenge the council’s decision for “non-confirmation of her appointment and consequently the result and consequences of this suspension.”
The council secretary had informed Varoshiotou of her probationary appointment offer for two years, which she accepted without reservation or protest.
Polyviou argues the application is “without object” since the council’s non-confirmation decision was suspended upon filing her objection. However, he stressed this cannot produce other effects, namely her return to Limassol District Court.
Jurisdictional challenge
The council disputes whether the Supreme Constitutional Court has jurisdiction to issue the requested decree and order her return to the bench.
The hearing for Varoshiotou’s reinstatement application is scheduled for Wednesday, 23 July at 9am, when both sides will present their arguments. The Constitutional Court is expected to reserve its decision.
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