CAT/C/CYP/CO/4
5.
The Committee welcomes the State party’s ongoing efforts to revise its legislation in
order to give effect to the Committee’s recommendations and to enhance the
implementation of the Convention, including the adoption of:
(a)
Law No. 163(I)/2005 on the Rights of Arrested and Detained Persons;
(b)
Law No. 60(I)/2014, on Preventing and Combating Trafficking in Human
Beings and Exploitation and Protecting its Victims;
(c)
Law No. 126(I)/2012 on the Establishment and Regulation of Private
Employment Agencies and Related Matters, which is aimed at preventing such agencies
from being used for trafficking activities.
6.
The Committee also welcomes the following administrative and other measures:
(a)
The adoption of the National Action Plan on the Prevention and Handling of
Family Violence (2010–2013) in 2009;
(b)
The adoption of the National Action Plan against the Trafficking of Human
Beings (2013–2015) in 2013 and the abolition of the special visa for artists;
(c)
The appointment of the Ombudsperson as a national preventive mechanism,
in accordance with Law No. 2(III)/2009 on the Provisions of the Optional Protocol of the
United Nations Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment.
C.
Principal subjects of concern and recommendations
Fundamental legal safeguards
7.
While welcoming the enactment of Law No. 163(I)/2005 (para. 5 (a) above), and its
application to all persons in detention, including those detained under the immigration
legislation, the Committee is concerned that section 23 of the Law does not guarantee the
right to be examined routinely and free of charge by an independent doctor from the outset
of the deprivation of liberty. The Committee is further concerned that article 30 of the same
Law provides for criminal sanctions for detainees who abuse the right to medical
examination or treatment, which may have a deterrent effect on the effective exercise of
that right. The Committee also takes note of repeated allegations that persons deprived of
their liberty were not given information on their rights or were given information that was
not in a language they understood, and that individuals were not assigned legal aid prior to
their initial interrogations (arts. 2, 11 and 12).
The State party should:
(a)
Abolish 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, and are afforded access to examination and treatment by
independent doctors on request without conditioning such access on the permission of
officials. All medical examinations of prisoners should be conducted out of the hearing
and, whenever the security situation allows, out of the sight of prison officers;
(b)
Establish an effective and expeditious system of free legal aid that
guarantees the right to unrestricted access to an ex officio lawyer, including
consultations in private, as from the moment of deprivation of liberty and during
interrogations;
(c)
Ensure that all persons detained are informed orally and in writing of
their rights in a language they understand, including information about the legal
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