Committee against Torture continues review of report of Cyprus

CAT
29th session
18 November 2002
Afternoon



The Committee against Torture continued review this afternoon of a third periodic report of Cyprus, hearing replies by a Government delegation to a series of questions put Friday and receiving assurances that the next periodic report of the country would be fully in line with the structure and the pattern of the Convention against Torture.
Lazaros Savvides, Director-General of the Ministry of Justice and Public Order of Cyprus, responding to questions put by Committee members, said among other things that isolation of a prisoner in his cell without a formal disciplinary proceeding was allowed by Cypriot prison regulations only in specified instances, and provided there were no health reasons that would prohibit such a measure.
The Cypriot delegation also provided information on allegations of ill-treatment of some asylum-seekers by police officers. Officials explained that while in custody, the asylum-seekers had not cooperated with police and had started riots. As a result, an "immediate action unit" was brought in, and used what was later termed "excessive force".
The Committee’s formal conclusions and recommendations on the report of Cyprus will be issued at 10 a.m. Friday, 22 November.
Cyprus, as one of the 131 States parties to the Convention against Torture, is required to submit periodic reports on efforts to put the Convention’s provisions into effect.
The Committee will reconvene in public at 3 p.m. Tuesday, 19 November, to provide the conclusions and recommendations on a report of Spain. At 3:30 p.m., the Committee will hear replies of the delegation from Venezuela to questions asked by Committee members this morning.

Discussion
LAZAROS SAVVIDES, Director-General of the Ministry of Justice and Public Order and head of the Cypriot delegation, giving replies to questions asked by the Committee upon presentation of Cyprus’s report on Friday, said among other things that the Report of the European Committee for the Prevention of Torture (CPT) on its visit to Cyprus from 22 to 30 May 2000 would be declassified before the end of the year.
Regarding a case mentioned by the Committee of 48 asylum seekers held in Larnaca police station and awaiting arrangements for deportation, the delegation said that while in custody, the asylum-seekers had not cooperated with the police, had started riots and had started fires in cells. As a result, the police had to employ the Immediate Action Unit, which used what was later termed as “excessive force”. After the broadcasting of the events, the Attorney-General, having viewed the relevant videotapes, ordered an investigation and appointed two independent criminal investigators. The Committee that the Court acquitted the officer in charge of the Police Immediate Action Unit, mainly due to the fact that Cypriote legislation did not allow the production of videotapes as evidential material, and because statements of the complainants conflicted. Despite the outcome of the criminal case in court, for humanitarian reasons, compensation had been offered by the Government to the asylum-seekers before their deportation.
The delegation said that in response to the CPT’s report a bill was pending before the legislature that would provide the right for a detainee to be examined by a doctor of his choice.
Cell isolation without formal disciplinary procedures was allowed by prison regulations only in specified instances, said the delegation, provided there were no health reasons that would prohibit such a measure. As there was no isolation room in the Cyprus prison, prisoners were isolated in their own cells.
As far as the age of criminal responsibility was concerned, the delegation said it had not been fixed but varied according to the offence. However, a committee examined cases of juvenile delinquency and recommended to the Attorney-General whether to proceed with charges or not.
The right of a detainee to notify a relative was not secured by law, but the Chief of Police gave standing orders to promote and respect this right. Early this year, a bill had been drafted for the introduction of this right into the Criminal Procedure Law, the delegation said.
The delegation informed the Committee that architectural plans were prepared for construction of a specialized psychiatric treatment centre on the grounds of the prison.
Persons in prison for minor offences were usually placed in the country's open prison, which was situated outside the walls of the prison but within the broader area, and where security measures were more relaxed, the delegation said. Minor offenders could be placed in programmes provided for in the Out-of-Prison Employment scheme, which included employment during the daytime outside the prison and return of prisoners at night.
Responding to an Expert 's question concerning the case of Deniczi and others brought before the European Court of Human Rights, the delegation said the Chief of Police had ordered the transfer of the officers involved, and had issued a standing order to Police Divisional Commanders to strictly follow the provisions of the relevant legislation and his orders concerning investigations.
Anyone in custody was examined by a Government doctor, while prison regulations provided for the right of a prisoner to be examined by a doctor of his own choice, the delegation said. A Government general practitioner visited the prison daily and attended all cases referred to him. During the last few years, there had been no major incidents of violence at the prison, and therefore statistical data had not been systematically kept. Whenever an incident occurred, it was registered both in the prison register and in the detainee’s file. In addition, disciplinary measures could be taken in accordance with the provisions of the relevant legislation. The sentences thus imposed were registered.
The delegation said that fully qualified pathologists, coroners, and forensic experts were at the disposal of victims of violence. Even though specific legislation did not exist, relatives of victims could appoint the doctor of their choice in addition to the Government doctor to carry out examinations of victims. However, a bill providing for the right of a detainee to be examined by a doctor of his choice was pending, said the delegation.
The delegation said that in 2001, 1,805 men and 186 women had been admitted to prison.
Special training on taking testimony in cases of trafficking, sexual exploitation and domestic violence were included in Police Academy courses, the delegation said. Furthermore, specialised seminars, workshops and lectures were organized with the participation of foreign experts. Moreover, the Chief of the Police had established a new office headed by the most senior female officer with the task of coordinating work carried on domestic violence. In the year 2000, some 230 cases of domestic violence had been reported while in 2001 the number rose to 336.
As from the 1st of January 2002, the Government had taken over from the UNHCR the responsibility for receiving and examining applications for asylum, the delegation said. Since then, through 11 November 2002, there had been 625 applications, of which 65 had been dealt with. Any deportation order was subject to recourse before the Court as an administrative decision. The usual practice was that an application for an interim order was filed at the same time, and usually the deportation order was postponed until the trial on the substance of the case was completed.
The small Roma community in Cyprus, which consisted of about 650 persons in accordance with the 1960 census, had moved to the occupied northern part of Cyprus, the delegation said. Since 1974, groups of Roma crossed to the Government-controlled area from time to time. The delegation stressed that Roma were given housing, social insurance allowances, and medical treatment. The Government was considering a number of measures to facilitate social integration, added the delegation.
The Refugee Law imposed an obligation on the person interviewing an asylum-seeker to call a doctor if necessary, the delegation said. When dealing with rejected applications of asylum or deportation of foreigners for any reason, before effecting the deportation, the authorities took into account the provisions of all conventions on human rights. Recently a single Nigerian pregnant women had not been deported to her country because she could have faced inhuman treatment there. Instead she was given a temporary residence permit and had since filed an application for asylum.



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