CAT/C/CYP/CO/5
(a)
Adoption of the national action plan against trafficking in persons for 2016–
2018;
(b)
Adoption of the national action plan on the prevention and combating of
violence in the family for 2017–2019.
C.
Principal subjects of concern and recommendations
Pending follow-up issues from the previous reporting cycle
7.
In its previous concluding observations (CAT/C/CYP/CO/4), the Committee
requested the State party to provide follow-up information on the steps it had taken to
implement the Committee’s recommendations relating to: strengthening legal safeguards
for detained persons (para. 7 (d)); identification of victims of torture during the refugee
determination process (para. 11 (a)); detention of undocumented immigrants (para. 17 (c));
and detention of unaccompanied children and families (para. 19). The Committee
appreciates the information received on 20 May 2015 under the follow-up procedure
(CAT/C/CYP/CO/4/Add.1). In light of the information provided, the Committee finds the
recommendations contained in paragraphs 7, 11 and 17 of the previous concluding
observations have been partially implemented. The Committee requests further statistical
data regarding these issues (see paras. 15, 17, 23, 25, 29, 33, 35, 39 and 45 below).
Criminalization of torture
8.
While taking note that Law No. 235/90 fully incorporates the definition of torture as
set out in the Convention, the Committee regrets that sections 3 and 5 of the law are not
regularly applied by domestic courts and thus that the law is not adequately enforced.
9.
The State party should include torture and ill-treatment as separate and
specific crimes in its legislation and ensure that penalties for torture are
commensurate with the gravity of this crime, as set out in article 4 (2) of the
Convention. The State party should ensure that the absolute prohibition of torture is
non-derogable and that acts of torture are not subject to any statute of limitations.
Fundamental legal safeguards
10.
The Committee is concerned at the lack of full compliance by all public officials
with fundamental legal safeguards, including the absence of a nationwide registry of all
detained persons, and at the lack of sanctions following non-compliance. In particular, the
Committee is concerned by reports of ill-treatment of detainees by police officials,
including allegations of sexual abuse. While taking note of draft legislation to remove
article 30 of Law No. 163(I)/2005 on the rights of persons who are arrested and detained,
which provided for criminal sanctions of detainees who abused the right to medical
examination or treatment, the Committee is concerned about the lack of safeguards to
ensure the confidentiality of detainees’ complaints alleging torture or ill-treatment by
officials. The Committee also remains concerned at reports of a lack of medical screening,
including upon admission to a place of detention to detect signs of torture and ill-treatment
(arts. 1, 2, 4, 11, 12 and 13).
11.
The State party should:
(a) Confirm the removal of or take measures to remove article 30 of Law No.
163(I)/2005, and ensure that detained persons undergo a routine and free-of-charge
medical examination when they arrive at a detention facility, including early detection
of signs of torture and ill-treatment, and ensure medical confidentiality at all times;
(b)
Take measures to combat the problem of police abuse, in particular
abuse perpetrated during investigations;
(c)
Ensure that effective mechanisms for receiving complaints against the
police, in particular the Independent Authority for the Investigation of Allegations
and Complaints against the Police and the Professional Standards, Audit and
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