人权事务委员会审议塞浦路斯的报告（部分翻译）

人权事务委员会

2015年3月20日

人权事务委员会今天结束了对塞浦路斯关于如何落实《公民与政治权利国际公约》规定的第四次定期报告的审议。

塞浦路斯法务委员勒达·考尔苏穆巴（Leda Koursoumba）在介绍报告时强调了塞浦路斯自上次报告以来在落实公约方面采取的许多实质性措施，特别是在非歧视、废除使用肉刑、禁止对被剥夺自由者施以酷刑等方面。她简述了该国在打击对妇女和儿童暴力方面的新举措，尤其是家庭暴力问题。该国于2014年新建了一个用于临时收容移民的应急接待中心，政府于2012年12月与国际移徙组织达成了一项制订全面移徙政策的协议。考尔苏穆巴女士指出，由于土耳其军队仍占领着该国36.2%的领土，塞浦路斯无法确保公民与政治权利在这一地区的落实。

委员会专家对塞浦路斯在加强监察员办公室、废除肉刑和打击种族歧视方面的努力。专家们询问了代表团有关解决失踪人员案件的行动过，以及增加土耳其裔塞浦路斯人和其他少数族裔在公共部门尤其是公务职位中的数量。专家要求代表团澄清授予公民身份和保障国内流离失所者及其子女投票权的程序。专家们还对筛选和评估移徙者和寻求庇护者的行为、据称在政府控制地对土耳其裔塞浦路斯人的袭击增多、宗教自由和岛上通过站的数量表示关切。

考尔苏穆巴女士在总结发言中对委员会的建设性对话表示感谢，并指出他们的意见将被提交至部长理事会，后者将把这些意见传达给相关部门。她重申尊重人权是塞浦路斯政府的重点关注问题。

委员会主席费边·奥马尔·萨尔维奥利（Fabian Omar Salvioli）在总结发言中表示，塞浦路斯必须确保在公共政策中遵守非歧视原则。政府应将流离失所问题作为优先事宜，并努力解决历史上的失踪案件，并建议延长失踪人员委员会的任务。

塞浦路斯代表团包括来自司法与公共秩序部，内政部，劳工、福利与社会保障部，塞浦路斯常驻联合国日内瓦办事处代表组成。

委员会将于3月23日星期一上午10点再次召开公开会议，届时将审议克罗地亚的第三次定期报告（CCPR/C/HRV/3）。

报告

点此阅读科特迪瓦的初次报告：CCPR/C/CYP/4。

Presentation of the Report

LEDA KOURSOUMBA, Law Commissioner of Cyprus, said the constitution of Cyprus had an extensive Bill of Rights which incorporated all fundamental rights enshrined in the basic human rights instruments. Cyprus had ratified the majority of the binding universal and regional human rights instruments and was up date with its treaty reporting obligations. Ms. Koursoumba stated that unfortunately, due to the continuing occupation of 36.2 per cent of Cyprus’ territory by Turkish military forces, Cyprus was unable to ensure the application of civil and political rights in that part of the country.

As part of its anti-discrimination measures the Ministry of Education and Culture had compiled a code of conduct against racism and a guide for managing and reporting racist incidents in schools. Following intervention from the Ombudsman regarding the necessity to regulate cohabitation outside of marriage for different and same-sex couples, the Ministry of Interior had prepared a bill on the establishment of a civil partnership pact. Torture and cruel, inhumane or degrading treatment was prohibited. A school mediation programme was offered to teachers and students of primary and secondary education as an alternative to physical discipline. It gave students an opportunity to resolve conflict without resorting to violence, through compromise and restorative actions, thus creating a culture of understanding, respect and tolerance.

With respect to the right to liberty and security and the treatment of persons deprived of liberty, including conditions of detention, rights of migrants, refugees and asylum seekers, Ms. Koursoumba informed the Committee that the police were currently implementing a programme providing psychological support in cooperation with the Cyprus Red Cross. The detention of persons awaiting removal was used only as a last resort when other measures could not be implemented, and only for the shortest period of time. Such matters were strictly and specifically regulated by the Aliens and Immigration Law, and the Refugee Law. A policy decision was issued to eliminate incidents of separation of children from their mother or single parent. As for the principle of “non-refoulement,” where a non-European Union national in detention submitted an application for international protection, the deportation order was suspended. The Ombudsman closely monitored the authorities to ensure they acted in accordance with international standards. In addition, a training programme was offered to the prison staff on the basic concepts of human rights and non-discrimination.

With respect to violence against women and children, including domestic violence, Ms. Koursoumba informed the Committee that financial and technical aid was provided from the Social Welfare Services to the Association for the Prevention and Handling of Violence in the Family, a civil society organization. The Ombudsman ran an awareness-raising campaign to combat violence against women. The elimination of slavery and servitude and forced labour were dealt with through a re-examination of the criteria for the employment of domestic workers. A new emergency reception centre to temporarily accommodate migrants was set up in 2014 and in December 2012 the Government entered into an agreement with the International Organization for Migration to establish a comprehensive migration policy. Local authorities were increasingly involved in running programmes for the smooth integration of migrants in their areas. The Government was also taking steps to enhance the freedom of artistic expression, the rights of ethnic, religious and linguistic minorities, as well as to enhance effective monitoring of State policies with respect to the protection of civil and political rights.

Questions by the Experts

The Committee commended the State Party for efforts to strengthen the Office of the Ombudsman but enquired whey the Ombudsperson was prevented from recruiting her own personnel. The Ombudsperson’s mandate was very broad, including mechanisms for the implementation of the rights of persons with disabilities, human rights, and fight against torture. Did it have enough personnel and budget to deal with all those issues? It appeared that the information available in Turkish on the website of the Ombudsman was rather limited. The division of the island impeded the full implementation of the Covenant, said an Expert, and the Committee wondered how the division affected investigations into missing persons, accountability, residency and other relevant issues.

An Expert asked about the role of women in peace negotiations noting that women were involved in inter-communal talks but their participation in high-level negotiations was relatively low. He inquired whether the Government had anything to report on gender equality in the peace negotiations, as they revolved more around issues of ethnicity rather than gender equality. The Committee commended the Government’s measures to close the gap in gender-related matters, and noted that the composition of the delegation exhibited good gender balance. However, it raised concerns about the pay gap between men and women.

Cyprus had made significant progress with respect to corporal punishment but the Committee wondered what happened to parents and teachers who used corporal punishment, as permitted by Article 54 of the Children’s Law. There had been an increase in reports of domestic violence but a low number of investigations and relatively mild sentences for such crimes. The Committee also inquired about the opening of a rape crisis centre, about the redefinition of “domestic violence” in line with recommendations, and the provision of social welfare to victims of domestic violence.

Civil society organizations had reported delays in the processing of applications for citizenship and that there was no criteria upon which it was granted. Concern was expressed about the persistent inequality of the right to vote for children of internally displaced parents. An Expert inquired about the number of missing persons. Some 502 Turkish Cypriots and 1,534 Greek Cypriots had been reported missing – how many investigations had been carried out?

The Committee welcomed the steps taken by the Government to combat discrimination and report racist incidents. However it had received reports of an increase in racist attacks against Turkish Cypriots and other minorities since the last report. An Expert noted that members of the Turkish community were not represented in the judiciary, and asked if was time to change that situation.

The Committee noted positive measures taken to tackle incidents of police brutality but expressed concern about the low number of prosecuted cases, noting there had only been one conviction for an assault case by a police officer and that eight cases had been pending since 2011. The Committee welcomed the efforts of the Government to prevent death and suicide in custody. It asked for information on the recent number of death and suicide cases in prisons, as well as on the steps taken to monitor and prevent inter-prisoner violence. An Expert asked about the use of solitary confinement.

An Expert referred to a report by Amnesty International which claimed that there was an excessive use of force in detention centres and that tear gas had been used against migrants being held at the Menoyia detention centre. Concerns were also raised about the conditions in detention centres, in particular the problem of overcrowding. Some facilities were clearly not intended to hold migrants. The conditions at the Menoyia Detention Centre, where some 600 prisoners including minors were held, reportedly did not comply with international standards.

As for the expulsion and deportation of migrants, reports showed that the screening and evaluation of migrants was not conducted in line with international standards. For example, psychologists were not present to assess the situation of victims of torture, and translation was not provided either. The lack of translation was particularly alarming in the case of children victims of sexual trafficking. The principle of family reunion was not respected. It seemed that it was still a common practice of the Cypriot authorities to detain asylum seekers and refugees. Information indicated that a number of Syrians were detained, which went against the Covenant principles. The delegation was asked to provide concrete data on those allegations.

Responses by the Delegation

A delegate said that the Office of Ombudsperson had indeed been given a number of competences. Considering its limited financial resources the Ombudsperson was doing a very good job. Admittedly, the Office of Ombudsperson should have more staff, but the Ombudsperson herself did not ask for more staff or funding. The Office of Ombudsperson made efforts to provide information on its website and its report in Turkish but because Turkish compatriots had not participated in the administration since 1974 it was difficult to get Turkish translation.

Corporal punishment had been banned in Cyprus for the last 10 to 15 years and was prohibited in family settings and in schools. Family violence legislation strictly forbade any form of corporal punishment, including psychological punishment. Article 54 of the Children’s Law could never be implemented because it was criminalized under other laws.

Cyprus was a pioneering country in terms of combating domestic violence. Increased reporting of such cases was, in fact, a positive development because women it meant women felt confident in coming forward and reporting attacks and violations. To improve the conviction rate of perpetrators it was necessary to change attitudes and culture, commented a delegate. A new plan to combat violence against women and children was being formulated along with guidelines on the issue. Anonymous referrals had been introduced for any suspicion of such violence. Welfare protection, counselling and health services were offered to the victims, including migrants.

Missing persons was a humanitarian issue that affected both the Turkish and Greek community. The Committee on Missing Persons in Cyprus was established to deal with the issue and was composed of members of both communities. Their mandate was only to identify the remains of missing persons. As of September 2014, the fate of 1,175 Greek Cypriots was still unknown, whereas the fate of 174 Turkish Cypriots was still undetermined. Cyprus made available all archives about missing persons in the south of the islands. However, the archives of the Turkish military since 1974 had not been made available.

Responding to the observation that there were no judges of Turkish origin in the courts of Cyprus, a delegate explained that before 1974, agreements provided for a ratio of 70-30 of Greek and Turkish judges respectively. Since 1974 Turkish members had withdrawn from the administration. The State consequently started functioning with an administration composed only of Greeks. However, with increased activity of civil society organizations, especially of women, perhaps the situation would change and bring the two communities together, commented a delegate.

An increasing number of women occupied high posts in the public sector, including the judiciary, due to the increased education level among women. However, there was still a lot of work to be done. The National Action Plan on Gender Equality took into consideration all the recommendations of the Committee on the Elimination of Discrimination Against Women, commented a delegate.

The pay gap between men and women had indeed increased due to the financial crisis. In response the Government launched a project, co-financed by the European Union, to address that inequality by targeting the root causes. Furthermore a gender equality committee had been established to suggest projects, provide statistical data, receive relevant complaints and encourage dialogue between employers and employees.

Detention of illegal migrants was used as a measure of last resort for short periods of time, and only when no other measure was available. Those measures were clearly regulated by the Aliens and Immigration Law, and the Refugee Law, explained a delegate. Illegal immigrants also had the right to leave voluntarily. No person could be held in detention longer than 18 months and the Ministry of Interior reviewed all detention cases every two months. All return decisions were made in accordance with the principle of non-refoulement and in line with the Geneva Conventions and other relevant international conventions. Persons had the right to challenge the return decision at the Supreme Court. Concerning the detention of mothers and possible separation of children, the best interest of the child was always considered. No return order was issued against Syrian nationals, clarified a delegate, noting that all Syrians who held valid documents could apply for a residence permit. An amendment to the Refugee Law was made to allow for family reunion of migrants. Currently, there were fewer than 100 migrants in detention.

The incidence of the use of tear gas at Menoyia was investigated by the Ombudsperson who concluded that the police used a proportional amount of force. As for the ill treatment of immigrants at Menoyia, relevant recommendations were issued and the police was aware of them. The Government conducted a zero tolerance policy on the use of torture, ill treatment and forms of cruel or unusual punishment by law enforcement authorities, and there was a website where citizens could submit complaints.

To investigate complaints against police the Government had established an independent authority board. It investigated cases of corruption, bribery and unlawful enrichment, and excessive use of force. Investigators were appointed by the Attorney General but their findings were not binding for the Independent Authority Board. The cases were forwarded to the Attorney General and the Independent Authority Board could not in any way interfere in those proceedings.

Considerable restructuring of prison management and policies was under way and prison capacity had been increased over the last two years to reduce overcrowding in prisons. Electronic monitoring had been extended to more inmates and would be applied for longer periods of time. The number of deaths and suicides in prison would be reduced through the modernisation of the prison system and the introduction of a human rights-based approach towards inmates. For the first time, there had been prison staff who had been dismissed for cases of ill treatment, noted a delegate. The reforms were assessed by the Ombudsperson and key stakeholders were consulted. Solitary confinement was no longer left to the discretion of prison officials. Confinement of inmates would be soon amended in line with the international standards for the protection of inmates. Prisons were monitored for signs of the use of torture and corruption, open visits to inmates had been introduced, and child friendly environments had been made available to inmates who had children.

Follow-up Questions by the Experts

An Expert enquired to what extent civil society organizations had participated in the preparation of the report. Another Expert asked whether there were any Turkish members in the police force and whether there was any plan to recruit them.

Responses by the Delegation

The report was based on the information provided by monitoring bodies, such as the Office of Ombudsperson and the Children’s Commission said a delegate, adding that the Government was very careful to take into account the views of the Ombudsman. It did not reproduce information provided by government units.

Concerning the percentage of Turkish Cypriots in the administration, the Constitution specified the participation of members of both communities in the administration by a 70 to 30 per cent ratio. Turkish Cypriots withdrew from the administration after 1974, which is why only Greek Cypriots occupied administrative posts. Internally displaced parents and their children had the right to social benefits, but due to economic crisis funds were not available. There was no discrimination in terms of their right to vote and the Turkish community, notably representatives from Famagusta and other cities in the north, was allocated a certain number of seats in the Parliament.

The restoration of fundamental human rights and freedoms was the essence of the bi-communal negotiations. Cyprus had the largest number of internally displaced persons globally, as a result of the Turkish invasion in 1974 and subsequent occupation of more than a third of the island’s territory. Any negotiated solution would thus go a long way towards restoring most human rights violations. In the framework of those negotiations, a number of technical committees were created to deal with issues that affected daily life of the people. For example, a technical committee on humanitarian issues was set up, and it also dealt with the elimination of discrimination against women and domestic violence.

Women had extensively participated in the Cyprus peace process since the very early stages and throughout. In the framework of intercommunal talks, women played an important role as members of the negotiating structures. The also played an important role outside those negotiations, in facilitating people’s everyday lives. Overall, their participation was above 30 per cent. The Government encouraged non-governmental organizations to mainstream gender in the negotiations and implementation of the United Nations Security Council Resolution 1325.

As for concerns raised about racially motivated incidents or attacks against Turkish Cypriots in the area that was controlled by the Government, a delegate disagreed with the Committee that the frequency of attacks was on the rise and alarming and emphasized that they were ‘single digit’ occurrences.

The criteria for granting citizenship were clearly defined in the national law and were the same for Greek and Turkish Cypriots. The procedure of granting citizenship was chronological, unless there were humanitarian reasons to accelerate it. There were a substantial number of successful cases in which people of South Asian origin had been granted citizenship.

Responding to questions about measures to combat torture, a delegate specified that alleged or suspected victims of torture had to be referred to a doctor for a medical examination. Doctors received regular training on that, as did prison officers who may be in contact with victims of torture. The definition of “torture” was same as the definition in the Istanbul Protocol and other relevant covenants. No person was returned to a country where he or she could be subjected to torture.

Asylum seekers had the right to legal assistance in the language they understood. There were also a large number of non-governmental organizations that offered legal advice to asylum seekers. In respect of the principle of non-refoulement the Government did not return refugees and asylum seekers to their country of origin.

Questions by Experts

According to the national laws on domestic and agricultural workers, they had the right to report forced labour and sexual exploitation. An Expert wondered how many complaints were received, and how many civil servants worked for the relevant inspecting body. What countries did foreign workers come from, and were domestic workers allowed to form labour unions?

How many shelters were created for sexually exploited women and how long did women stay in the shelters. How many exploited children were there, asked an Expert, noting that there was no programme to track exploited persons who sought asylum.

Concerning freedom of religion a delegate cited reports that there were hundreds of mosques where believers could not go except on Fridays. It was reported that some 30 mosques were destroyed, and only three Muslim cemeteries could be used for burial. In addition, there were stores selling alcohol located near certain mosques.

There had been reports indicating that Turkish Cypriots were not able to stand for election, or to vote. The lack of participation was due to an amendment introduced on European elections. Turkish Cypriots had to present a form issued by the Ministry of Interior that required them to write down their residence, which was outside the control of the Cypriot Government. That amounted to discrimination, said an Expert, asking the delegation to comment.

An Expert asked whether the current number of crossing points in Cyprus was adequate and whether the Committee on Crossing Points had met recently. He raised concern about the policy of recognition of drivers’ licences issued in the north, and about limited visits to Muslim religious sites in the south. He enquired about the exemption from religious classes in schools, and about performing of confessions in schools, a practice that had been recommended to be stopped. How did the Government reconcile the restrictions on the movement of the Turkish community from the north with the Covenant’s principle of freedom of movement and religion? What were the measures to provide religious education for Muslims in the southern part of the island?

The delegation was invited to explain how the Committee’s recommendations would be implemented. Since civil society organizations were only indirectly contacted before the preparation of the report, the Committee invited the Government to involve civil society more directly in that process, as well as to provide translation of relevant documents in Turkish.

Asking about juvenile justice an Expert commented that the treatment of minors between 14 and 16 years of age and those between 16 and 18 years seemed to be different, and that there was no specialized court for minors. He asked for statistics on the number of offences committed by minors and which offences carried a prison sentence for minors.

An Expert asked about the status of small religious and ethnic minorities groups in Cyprus, such as the Buddhists, Jewish, Protestant Christians and Roma. The Committee had been told that the Roma were not considered a separate community, but as part of the Turkish community. She enquired about the removal of linguistic and cultural barriers for Turkish Cypriots and other minorities, and about the establishment of a Turkish school in Limassol.

Responses by Delegation

The Head of the Delegation responded to some political questions raised by the Committee in relation to the Turkish Cypriot community. The source of the problem was not the Government’s approach but the military occupation of the north of the island. He emphasized that the Government tried to implement human rights for all citizens, except in the occupied territory. Referring to Experts’ concerns raised about freedom of religion in Cyprus, he noted that there was also an issue with regard to churches in the north of the island, which had not been mentioned by the Committee. Restoration of mosques in the territory controlled by the Government was taking place. He emphasized that the crossing points were in the ceasefire line, which was still controlled by the Turkish army. Accordingly, the opening of new crossing points was not something that could be arranged with the Turkish Cypriot community, but with the Turkish army. He reminded the Committee that the leader of the Turkish Cypriot community had decided to stop negotiations due to last year’s breach of Cyprus’ Exclusive Economic Zone. As for the freedom of movement, he stressed that an illegal point of entry in Cyprus was a problem. A visa was issued to anyone wishing to visit a religious site. However, the Government could not permit entry to illegal settlers into the controlled area of Cyprus.

The Government had proposed the opening of new crossing points but the proposal was rejected by the Turkish Cypriot community. As for the acceptance of drivers’ licences from the north, upon Cyprus’ accession to the European Union, special European Union legislative measures were introduced to regulate the free movement of people and goods in the country. Persons entering from the northern part of the island to the Government-controlled territory needed to show European Union documents. However, the Turkish Cypriot authorities discouraged people from obtaining the necessary documents. Some basic articles of the constitution relating to the two communities could not be changed until a political solution was found. There was a problem with ethnic minorities, but it was up to political leaders to expedite the situation, commented a delegate.

A delegate explained that new law came into force in April 2014 relating to the identification of trafficking victims, in order to better enact all international standards. It provided greater focus on the prosecution of perpetrators and offered more support to victims. It also provided the setting up of compensation funds. It also contained special provisions for their protection of child victims. The new law allowed victims of trafficking to stay in Cyprus. In addition, a new action plan had been launched to combat trafficking. Training sessions and awareness raising campaigns had been organized for officers in asylum services.

Concerning religious education in schools, parents had the right to request exception but in that case their children had to be assigned alternative education. Schools were not an appropriate place for religious confessions, commented a delegate. As for schools for minorities, students had to go to school in their own municipalities, said a delegate, adding that the Roma community had no fixed residence.

On juvenile justice a delegate explained that new legislation had been drafted by the Children’s Commissioner in compliance with international standards, and consultations on the drafts would start soon. Committees comprising of specialists on children’s issues would discuss adequate measures and the establishment of a proper juvenile court with properly trained judges.

Complaints about forced labour and exploitation were recorded by labour investigation officers in writing, in English and Greek, and sent to the Immigration Department for a decision. During 2004, 962 complaints were filed, out of which 234 complaints ended in a release agreement, and 21 complaints were resolved by the employee choosing to go back to the employer. Mixed inspection units were established to handle various branches of employment. In 2004, some 54 per cent domestic workers were European Union nationals, while 15.5 per cent were non-European Union nationals. Foreign nationals could now register with any trade union, and the Government was currently revising the criteria for the employment of domestic workers.

All Greek and Turkish Cypriots residing in the area controlled by the Government needed to apply to be included in the electoral list. Turkish Cypriots were recruited into the police force if they met relevant requirements.

Follow-up Questions by the Experts

Returning to the question of employment of Turkish Cypriots in the civil service, an Expert noted that the Government needed to integrate more minorities into the administration. He observed that the Greek proficiency test was strict and those language challenges made it difficult for minorities to join the civil service. He also observed that Turkish was considered an official language in Cyprus, but entry examinations were offered in Greek. Was the Government aware of the language barrier and was it ready to allow easier access for Turkish Cypriots? Another Expert wondered whether the education of the Roma children was more problematic because of their frequent migration from one community to another. An Expert returned the question of driving licences, asking for more information.

Responses by the Delegation

A delegate clarified that Cyprus was implementing European Union regulations with respect to driving licences, and thus required European Union documents and other valid documentation for people entering from the north. The civil service was open to everyone, including all minorities and Turkish Cypriots. Any person who passed the entry test would be recruited. Only Greek language was used as the official language because of the lack of Turkish staff in the administration, she repeated.

The Roma population was nomadic but nevertheless there had been conscious efforts by the Government to see that Roma children attended school. Schooling of children up to the age of 16 was compulsory in Cyprus. Public schools were free, and there were schools for minorities. As for the access to mosques in the Government controlled areas, that issue was regulated by the Muslim community, noted a delegate.

Concluding remarks

LEDA KOURSOUMBA, Law Commissioner of Cyprus, thanked the Committee for the constructive dialogue, noting that their comments would be submitted to the Council of Ministers, which would then pass them on to relevant ministries. Respect for human rights was a top priority for the Government of Cyprus which would continue to promote and enhance human rights for all citizens of Cyprus.

FABIAN OMAR SALVIOLI, Chair of the Committee, stressed that the principle of non-discrimination was a cornerstone of international human rights law. The State had to ensure that the principle was respected through public policies. The Government needed to prioritize the issue of displacement and make efforts to resolve the historic cases of disappearances. Cyprus could perhaps look into extending the mandate of the Committee on Missing Persons, as its mandate was too limited. The State had to respect the rights of detained persons and give assurances to those who were more vulnerable because they were migrants. The Committee also urged the State party to look into the guidelines on the freedom of expression.

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