CAT/OP/CYP/1 I. Introduction 1. In accordance with its mandate under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, members of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment visited Cyprus from 25 to 29 January 2016. 2. The Subcommittee members who conducted the visit were Malcolm Evans (head of delegation), Mari Amos, Margarete Osterfeld and Paul Lam Shang Leen. 3. The Subcommittee was assisted by two human rights officers from the Office of the United Nations High Commissioner for Human Rights, two security officers and four local interpreters. 4. Cyprus acceded to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on 26 July 2004 and ratified the Optional Protocol on 29 April 2009. On 28 July 2009, Cyprus designated the Office of the Commissioner for Administration and Human Rights (Ombudsman) as the national mechanism for the prevention of torture and other cruel, inhuman or degrading treatment or punishment. 5. The main objectives of the visit were: (a) to provide advisory services and technical assistance to the national preventive mechanism, in accordance with article 11 of the Optional Protocol, with the aim of identifying and addressing the challenges and difficulties faced by the mechanism and taking into account the Subcommittee’s guidelines on national preventive mechanisms (CAT/OP/12/5); and (b) to help the State party to fully implement its obligations under the Optional Protocol, thereby strengthening its ability to protect persons deprived of their liberty and addressing the challenges relating to undocumented migrants. 6. The Subcommittee met with government officials and other persons (see annex I) and visited places of detention (see annex II). Meetings held with members of the national preventive mechanism permitted the Subcommittee to discuss their mandate and working methods and to explore ways of strengthening and increasing their effectiveness. In order to better understand how the national preventive mechanism worked in practice, the Subcommittee also visited, together with the mechanism, a place of deprivation of liberty that had been chosen by the mechanism (see annex III). That visit was led by the mechanism; the members of the Subcommittee acted as observers. 7. The present report contains the Subcommittee’s observations, findings and recommendations and, in accordance with article 16 (2) of the Optional Protocol, will remain confidential unless the authorities of Cyprus decide to make it public. 8. The Subcommittee notes that States that have decided to make Subcommittee reports public can apply for assistance through the Special Fund established under article 26 of the Optional Protocol, to help with the implementation of the Subcommittee’s recommendations. 9. The Subcommittee wishes to express its gratitude to the authorities of Cyprus for their help and assistance in the planning and undertaking of the visit. 10. The Subcommittee also wishes to express its gratitude to the Special Representative of the Secretary-General in Cyprus and Head of the United Nations Peacekeeping Force in Cyprus for the assistance provided prior to and during the visit. II. Findings A. Fundamental legal safeguards 11. The Subcommittee notes that the Law Providing for the Rights of Persons Arrested and in Custody (Law No. 163 (I) of 2005) sets out the fundamental legal safeguards for persons in pretrial detention and persons arrested and in custody. The Subcommittee is 3

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