CAT/OP/CYP/1/Add.1
I. Introduction
1.
The Subcommittee on Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (SPT) visited Cyprus from 25 to 29 January 2016. The
Subcommittee has requested the Government of Cyprus to provide its response to the
recommendations included in the report CAT/OP/CYP/R.1* on its visit to Cyprus. The
Cyprus Government submits its response in the following report.
II. Response
A.
Fundamental legal safeguards
2.
Members of the Police inform detainees of their rights, both orally and in writing.
When needed, an interpreter is called in order to assist the detainee understand his/her
rights. The Chief of Police via a relevant circular to the members of the Police recalls the
need for the protection of a detainee’s rights.
3.
Nevertheless, after the relevant recommendation of the SPT, members of the Police
were given new instructions to implement the provisions of the Law for the Rights of
Persons who are Arrested and Detained (L.163(I)/2005), in general and especially,
concerning the right of the detainee to be informed about his/her rights and the right of
access to a lawyer.
4.
Additionally, the Law for the Rights of Persons who are Arrested and Detained,
(L.163(I)/2005) was amended in 2014 for the purposes of harmonization with Directive
2012/13/EU, offering additional rights to persons arrested or/and detained. In this regard
the Police amended the document “Rights of Detained Persons”, which includes, inter alia,
the following rights:
• The right to be informed of the reasons of his/her arrest or detention and of the
offence that he/she is accused of having committed;
• The right of access to a lawyer;
• The right of free legal aid/assistance and the conditions required for such assistance;
• The right of interpretation and translation;
• The right to remain silent;
• The right of communicating with a lawyer and or any other persons in order to
inform them about the arrest and/or detention;
• The right to be informed of the place of detention;
• The right of access to the material of the case;
• The right to inform consular authorities or any other person;
• The right of access to urgent medical care;
• The
and
right
to
be
informed
of
the
maximum
time
of
detention;
• The right to challenge the lawfulness of the arrest and detention.
5.
The above information is provided in a simple and easy to understand language,
taking into account the special needs of the arrested persons.
6.
When the document is not available in such a language that the person understands,
the person is informed of his/her rights orally, in a language he/she understands. The
document is provided to the person subsequently with undue delay in the language he/she
understands.
2