CAT/C/CYP/CO/5
Inspection Directorate of the police, as well as any committee for receiving complaints
from irregular migrants, remain independent and sufficiently funded;
(d)
Monitor overall compliance by all public officials with fundamental legal
safeguards by tracking and evaluating, during the upcoming review period, data on
complaints lodged and cases initiated for failure to comply with fundamental legal
safeguards, including on the number of complaints lodged, the number of cases
initiated, the outcomes of those cases, the penalties applied to officials and the
compensation awarded to survivors;
(e)
Maintain a central registry of information on all detainees,
disaggregated by name, sex, nationality and location, while applying relevant data
protection and confidentiality measures.
Complaint mechanisms
12.
The Committee takes note of the explanations provided by the State party regarding
the mandate and function of the Independent Authority for the Investigation of Allegations
and Complaints against the Police and access to the recruitment exam for lawyers. However,
it remains concerned by the low number of investigations, prosecutions and sanctions
compared to the high number of complaints, as well as by the lack of effective
investigations, as observed by the European Court of Human Rights in Thuo v. Cyprus. The
Committee also remains concerned by the lack of independence of the Professional
Standards, Audits and Inspection Directorate as a disciplinary body. The Committee regrets
the lack of information about the workings and efficiency of the complaint committee that
was appointed in 2013, in accordance with section 28 (1) of the 2011 regulations for places
of detention for illegal migrants, to receive complaints from irregular migrants.
13.
The State party should:
(a)
Ensure that the Independent Authority for the Investigation of
Allegations and Complaints against the Police discharges its mandate with full
independence and that its investigations are accompanied by the suspension or
transfer of accused police agents for the duration of the investigation;
(b)
Ensure that all disciplinary investigations carried out by the Professional
Standards, Audit and Inspection Directorate are accompanied by the suspension or
transfer of accused police agents for the duration of the investigation;
(c)
Ensure accessibility for the complaint committee to centres of detention
for irregular migrants, specify the mandate of such bodies and ensure their effective
operation;
(d)
Collect disaggregated statistics on complaints, investigations and
disciplinary or criminal measures taken, and include such information in its next
periodic report to the Committee.
Rights of detained persons, including legal aid
14.
While noting the information provided by the State party on the rights of persons
detained in prisons (CAT/C/CYP/5, paras. 9–17 and 172), in the Menoyia immigration
detention centre (see CAT/C/CYP/5) and in the Korfinou centre, the Committee is
concerned about detainees’ awareness of and access to the guarantees of these rights,
including complaint procedures. While noting with satisfaction that a detainee’s right to
access to an ex officio lawyer has been codified in law, the Committee remains concerned
that this right is not always observed in practice. In that regard, the Committee is
particularly concerned about asylum seekers and irregular migrants, although it welcomes
information that the Refugee Law and the Law on Provision of Legal Aid have been
amended in order to eliminate the restrictive criteria for applying for legal aid when
challenging deportation and detention orders. The Committee is also concerned at reports
that persons deprived of their liberty were not assigned legal aid prior to their initial
interrogations. Furthermore, it is concerned that prospective recipients for legal aid must
argue before a court to convince it about the prospects of success of their claim before
being granted legal aid (arts. 2, 3, 13 and 14).
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