Committee against Torture

Concluding observations on the fourth report of Cyprus *

1.The Committee against Torture considered the fourth periodic report of Cyprus (CAT/C/CYP/4) at its 1226th and 1229th meetings, held on 8 and 9 May 2014 (see CAT/C/SR.1226 and 1229), and adopted at its 1244th and 1245th meetings, held on 21 May 2014 (see CAT/C/SR.1244 and 1245), the following concluding observations.

A.Introduction

2.The Committee expresses its appreciation to the State party for accepting the optional reporting procedure and for having submitted its fourth periodic report in a timely manner thereunder, as it improves the cooperation between the State party and the Committee and focuses the examination of the report as well as the dialogue with the delegation.

3.The Committee appreciates the open and constructive dialogue with the State party’s high-level multisectoral delegation, as well as the additional information and explanations provided by the delegation to the Committee.

B.Positive aspects

4.The Committee welcomes the ratification by the State party of the following international instruments:

(a)The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, on 6 April 2006;

(b)The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, on 29 April 2009;

(c)The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, on 2 July 2010;

(d)The Convention on the Rights of Persons with Disabilities, on 27 June 2011.

5.The Committee welcomes the State party’s ongoing efforts to revise its legislation in order to give effect to the Committee’s recommendations and to enhance the implementation of the Convention, including the adoption of:

(a)Law No. 163(I)/2005 on the Rights of Arrested and Detained Persons;

(b)Law No. 60(I)/2014, on Preventing and Combating Trafficking in Human Beings and Exploitation and Protecting its Victims;

(c)Law No. 126(I)/2012 on the Establishment and Regulation of Private Employment Agencies and Related Matters, which is aimed at preventing such agencies from being used for trafficking activities.

6.The Committee also welcomes the following administrative and other measures:

(a)The adoption of the National Action Plan on the Prevention and Handling of Family Violence (2010–2013) in 2009;

(b)The adoption of the National Action Plan against the Trafficking of Human Beings (2013–2015) in 2013 and the abolition of the special visa for artists;

(c)The appointment of the Ombudsperson as a national preventive mechanism, in accordance with Law No. 2(III)/2009 on theProvisions of the Optional Protocol of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

C.Principal subjects of concern and recommendations

Fundamental legal safeguards

7.While welcoming the enactment of Law No. 163(I)/2005 (para. 5 (a) above), and its application to all persons in detention, including those detained under the immigration legislation, the Committee is concerned that section 23 of the Law does not guarantee the right to be examined routinely and free of charge by an independent doctor from the outset of the deprivation of liberty. The Committee is further concerned that article 30 of the same Law provides for criminal sanctions for detainees who abuse the right to medical examination or treatment, which may have a deterrent effect on the effective exercise of that right. The Committee also takes note of repeated allegations that persons deprived of their liberty were not given information on their rights or were given information that was not in a language they understood, and that individuals were not assigned legal aid prior to their initial interrogations (arts. 2, 11 and 12).

The State party should:

(a) Abolish article 30 of Law No. 163(I)/2005 and ensure that detained persons undergo a routine and free-of-charge medical examination when they arrive at a detention facility, and are afforded access to examination and treatment by independent doctors on request without conditioning such access on the permission of officials. All medical examinations of prisoners should be conducted out of the hearing and, whenever the security situation allows, out of the sight of prison officers;

(b) Establish an effective and expeditious system of free legal aid that guarantees the right to unrestricted access to an ex officio lawyer, including consultations in private, as from the moment of deprivation of liberty and during interrogations ;

(c) Ensure that all persons detained are informed orally and in writing of their rights in a language they understand, including information about the legal remedies to challenge the lawfulness of the ir detention , the rights of persons under the immigration legislation, and the right to have the free assistance of an interpreter ;

(d) Ensure that the State party monitors regularly compliance with the legal safeguards by all public officials and that those who do not comply with th o se safeguards are duly disciplined .

Impunity and prompt, effective and impartial investigations

8.The Committee welcomes the criminalization of torture and ill-treatment in sections 3 and 5, respectively, of Law No. 235/90 on the ratification of the Convention, which fully incorporates the definition of torture as set out in the Convention. However, the Committee observes that section 3 of the Law has never been invoked before, or applied by, domestic courts and section 5 has been invoked in only 4 of the 11 criminal cases of alleged ill-treatment by police officers registered from 2006 to 2010. The Committee also notes with great concern that, during the same period, out of 128 complaints relating to torture and ill-treatment investigated by the Independent Authority for the Investigation of Allegations and Complaints against the Police, only one case ended with a criminal conviction for common assault. The low rate of conviction does not correspond to the documented allegations of ill-treatment by law enforcement officials, particularly against immigrants.The Committee also takes into consideration reports that allege a lack of transparency of the investigations and insufficient protection afforded to complainants, who reportedly have been, on various occasions, accused of bodily harm against the police officers they complained about (arts. 1, 2, 4, 12, 13 and 16).

The State party should strengthen the implementation of the existing legislation and the measures already adopted to change the culture of impunity by, inter alia :

(a) Requiring all officials to report to the Office of the Attorney General cases indicative of ill-treatment , and adopting protective measures to ensure the confidentiality and safety of reporting officers;

(b) Ensuring that the Attorney General is duly informed of all the allegations of torture or ill-treatment received by the Independent Authority for the Investigation of All egations and Complai