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
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