CYPRUS DETERMINED TO ENSURE THAT ALL ITS LAWS CONFORM TO COVENANT ON CIVIL, POLITICAL RIGHTS, HUMAN RIGHTS COMMITTEE TOLD
Press Release
HR/CT/504
CYPRUS DETERMINED TO ENSURE THAT ALL ITS LAWS CONFORM TO COVENANT ON CIVIL, POLITICAL RIGHTS, HUMAN RIGHTS COMMITTEE TOLD
19980324 Committee Begins Consideration of Cyprus' Third Periodic Report on Compliance with CovenantThe Government of Cyprus was determined to identify, eradicate or amend all laws that contradicted any articles of the International Covenant on Civil and Political Rights, an official of that Government told the Human Rights Committee this morning, as it began its consideration of Cyprus compliance with the Covenant.
The Law Commissioner of Cyprus, George Stavrinakis, said there had been improvements in Cyprus' legislation regarding human rights but there were still some areas where steps needed to be taken. Measures had been taken, and were at an advanced stage, on abolition of the death penalty, the eradication of gender discrimination provisions in the laws of nationality and immigration, enactment of a new law regulating assemblies and processions, and enactment of a law for asylum seekers.
Soterious Zackheos, the Permanent Representative of Cyprus, introduced his country's third periodic report. He said the Government's efforts to fulfil its obligations under the Covenant were affected by the situation prevailing as a result of the 1974 Turkish invasion and the continuous occupation of 37 per cent of the territory of the Republic. Enjoyment of the rights recognized in the Covenant was therefore not possible for all individuals, and the use of force prevented the full application of the provisions, since the Republic remained under military occupation.
Leda Koursoumba, Attorney of the Republic of Cyprus, said an Office of Ombudsman had been established in 1994 to examine complaints of torture and other cruel treatment or punishment. She cited one of three valid complaints received in 1995, in which the complainant was paid compensation equal to 10,000 pounds plus legal costs.
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Responding to questions on the use of weapons by the police, she said it was rare and that there had been only one such case in recent years. Police officers had been re-educated about the importance of the observance of and strict adherence to human rights laws. The Government could be held liable for all acts of its servants, including the police, and a person could file civil proceeding for punitive damages.
Addressing an issue raised by several of the Committee's expert members, Mr. Stavrinakis said that under the old law, a child could be held legally responsible for criminality between the ages of seven and 12 years if the prosecution could prove the child knew that the act was of a criminal nature. The new minimum age for responsibility would be either 10 or 12 years. Up to the age of 18 years, the child would be treated as a juvenile, and above that age as an adult.
Questions were raised by Committee expert members from Egypt, Japan, Germany, Australia, United States, India, Canada, Chile, Italy, Ecuador, Mauritius and Finland.
Also this morning, Committee Chairman Christine Chanet, the expert from France, announced that the fourth periodic report of Ecuador, scheduled to be considered by the Committee at the current session, would not be available. Consideration of that report would therefore be deferred.
The Human Rights Committee will meet again at 3 p.m. today to resume its consideration of the third periodic report of Cyprus.
Committee Work Programme
The Human Rights Committee met this morning to begin its consideration of the third periodic report of Cyprus on its compliance with the International Covenant on Civil and Political Rights (document CCPR/C/94/Add.1).
Article 40 of the Covenant provides that State parties shall submit reports to the Committee on measures they have taken to implement the Covenant. The report should provide information on changes made or proposed in laws and practices relevant to the Covenant, and progress made since the Committee last considered the State party's implementation of the Covenant's provisions.
According to Cyprus' report, submitted to the Committee for consideration on 12 December 1994, the Government has taken several steps in response to concerns expressed by the Committee during the examination of the second periodic report. The Law Commissioner of Cyprus, in cooperation with the Ministry of Justice and Public Order, prepared a draft bill for the abolition of the death sentence in all cases, except for the offence of treason during wartime under the Military Criminal Code and Procedure. Following that, Cyprus will ratify the Sixth Protocol to the European Convention on Human Rights and the Second Optional Protocol to the International Covenant on Civil and Political Rights. Bills have already been prepared for their ratification.
Acting in response to the Committee's concerns that certain provisions of Cyprus' Constitution were at variance with provisions in the Covenant, the report says that the Law Commissioner prepared a draft bill entitled "The International Treaties Law", which aims to regulate all matter pertaining to treaties, including their status, interpretation and implementation. Among its provisions, the bill would establish a Council for Treaties, which would perform the following functions: recommend amendments to legislation for the purpose of implementing treaties; identify anomalies in the legislation; recommend that certain provisions in treaties be declared self-executing; and collect, classify and publish all provisions contained in treaties which are being considered by the courts as self-executing.
A recent law proposal called for the prevention of torture and punishment of inhuman or degrading treatment, the report states. The provisions of the law proposal incorporates, to a large degree, the recommendations and conclusions of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment. It contains provisions for the protection of the rights of detainees, including provisions for proper and safe places of detention, safeguards for the conduct of interrogation, and provisions for the setting up of a Committee for the Prevention of Torture and Punishment of Inhuman or Degrading Treatment.
The Prisons (General) Regulations of 1981 prohibit corporal punishment or confinement in a dark cell and any cruel, inhuman or degrading punishment applied as disciplinary measures against prisoners. The isolation of a prisoner is
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permissible provided that, if such isolation is likely to have adverse effects on the prisoner, it can only be resorted to if a medical officer certifies that the prisoner can sustain such treatment. The Prisons Law and Regulations are being revised in order to bring them into conformity with the legislation of other European countries.
Cyprus' Constitution safeguards all the fundamental human rights and freedoms of all religious groups, the report states. The members of those groups also enjoy constitutional protection against any form of discrimination, both as individuals and as a group, and are appointed to public service without any discrimination.
According to the report, the law ratifying the Convention on the Elimination of All Forms of Racial Discrimination was recently amended. A new section was added that creates a number of offences relating to acts which amount to racial discrimination, including incitement to discrimination, hostility, and hatred and violence for ethnic, racial or religion reasons.
On the issue of gender equality, the report states that women in Cyprus play an important role in the administration and other facets of public and social life. Women serve in the Council of Ministers, the judiciary, the legislature, the Office of the Attorney-General, the police force, the army and in other fields. The right of equality is respected and enforced by courts of law in the administration of justice. While there is no comprehensive law regarding sexual discrimination in such areas as employment, education, facilities and services, the enactment of such a law is under consideration.
A law providing for the prevention of violence in the family and for the protection of victims was recently enacted, the report states. One of its objectives is to express unequivocally the abhorrence of the State and its condemnation of every form of violence exercised by one member of a family against another. That is expressed by increases in the penalties provided for all forms of violent activities whenever they are practised within the family. The law protects a spouse from the other spouse, as well as children, parents and other persons living in the same house.
Use of force by the police of the Republic of Cyprus is exercised in accordance with the duties of the police officers and with the provisions of the Constitution and the relevant laws, the report states. The Constitution permits the use of force which may result in deprivation of life, but no more than is absolutely necessary to effect an arrest or to prevent the escape of a person lawfully detained. In view of the concern of the Human Rights Committee regarding the use of force by police, the Law Commissioner recommended the organization of seminars, with the participation of experts from abroad, to maintain awareness of the rights of the individuals and to keep the issues associated with the use of force and firearms under constant review.
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According to the report, a judgement debtor is not liable for imprisonment for failing to pay his debt unless he refuses or neglects to pay the money due, despite the fact that he has or had sufficient means since the making of the order to pay the debt. A Committee has been set up to study the issue of civil debt and to find alternative modes of approach in order to render imprisonment unnecessary for that matter.
The report states that the rights of aliens are closely connected with the acquisition of Cypriot citizenship and, further, with the right of freedom of religion, the right to marry and the right to equal treatment. In view of the discriminatory provisions contained in the relevant laws, a committee was set up to consider revision of the legislation pertaining to mixed marriages, acquisition of citizenship, and the entry and stay of aliens in Cyprus and the question of expulsion. A bill will, in due course, be submitted to the appropriate Ministry for further action. The Government of Cyprus is bound by the United Nations Convention Relating to the Status of Refugees and its Protocol and formulates its policy on matters of refugees along the lines of its international obligations.
Regarding freedom of religion, the report states that an amendment to the National Guard Laws has afforded the genuine conscientious objector the right to be subject to non-military service for a period longer than normal military service. Armed military service with military uniform and within a military area is of a duration of 24 months; "unarmed military service without military uniform and outside military area" is of a duration of 42 months; and unarmed service with military uniform and within a military area is of a duration of 34 months. Yet, bearing in mind the concerns expressed by the Human Rights Committee during the examination of Cyprus' second periodic report, the Law Commissioner made a proposal for the further amendment of the National Guard Laws, including reducing the period of service for non-military service to 38 months. The amendment would also increase the punishment for refusal to appear for conscription from two to five years.
On freedom of assembly, the report states that the Law Commissioner prepared a draft bill for the repeal and substitution of the Assemblies and Processions Law. Under the proposed bill, if the number of persons expected to attend an assembly exceeds 20, then notice should be given to the appropriate authority. Processions are held subject to a notice being given to the appropriate authority, who may impose conditions on any procession or assembly to prevent disruption of life, serious damage to property and public disorder. The proposed bill also contains a provision that calls for an order prohibiting public assemblies and processions in any part of the Republic when the imposition of conditions is not considered sufficient to prevent public disorder.
The main legislation on matters of child welfare is administered by the Department of Social Welfare Services, the report states. The Children Law
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provides for the removal from home and the protection of children who are either neglected, abandoned or cruelly treated. Safeguards for the best interests of the child are also provided for in the law on the Relations between Parents and Children. The Children and Young Persons (Employment) Law expressly prohibits the employment of children and young persons in trades and occupations which are likely to jeopardize their health or safety. During the past years, more and better child-care resources have been made available in order to assist and enable parents in performing their child-rearing responsibilities. Some of these State-run programmes include day-care centres, home-help services for families with children, and day care in foster families.
List of Issues
The Committee's list of issues to be raised on Cyprus' report includes measures taken to eliminate all discrimination against women, progress achieved in preventing violence against women and children, steps taken to abolish imprisonment for civil debt, measures taken to prevent discrimination of Cypriot citizens of Turkish origin, and measures taken to protect the rights of the child.
The representatives of Cyprus will also be asked to provide information on: education and training on the Covenant and its Optional Protocols; the revision of the Prison Law and Regulations; steps taken to incorporate into domestic law the right to compensation of a person who had suffered unlawful arrest or detention; reforms to amend the 1952 Law on Immigration; and reform of the penal code.
Information will also be requested on: safeguards provided to protect the laws on the right to privacy; provisions for the prevention of torture and other cruel, inhuman or degrading treatment or punishment; violations of the rules and regulations governing the use of weapons by the police and security forces; and the compatibility with the Covenant of restrictions on the exercise of freedom of assembly.
The Committee will also be asking the delegation of Cyprus whether the International Treaties Law had been approved and adopted. It will also be asked if efforts have been made to repeal sections of the Civil Wrongs Law, which allowed, under certain circumstances, the application of force against a child by his or her parents, legal guardian or schoolmaster, and the application of force against a mentally disabled person.
Introduction to Cyprus' Report
SOTERIOS ZACKHEOS, Permanent Representative of Cyprus to the United Nations, introduced his country's third periodic report. He said his Government attached great importance to the issue of human rights and was
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fully committed to their promotion and protection as a matter of high priority. That was reflected in its ratification of or accession to all international human rights instruments of the United Nations with the exception of the Second Optional Protocol to the International Covenant on Civil and Political Rights, which was to be ratified shortly. That commitment was also reflected in the relevant provisions of Cyprus' Constitution, which went beyond those of the European Convention and the International Covenants.
The second periodic report of Cyprus, on its compliance with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, was presented last November to members of the Committee against Torture in Geneva, he said. That Committee had welcomed the way in which the Convention had been incorporated into the domestic law of Cyprus and had commended the Government for its implementation of the human rights contained in international instruments.
He said the Government's efforts to fulfil its obligations under the Covenant were affected by the tragic situation prevailing in Cyprus since 1974, as a result of the Turkish invasion and continuous occupation of 37 per cent of the territory of the Republic. It was regrettable that the situation still prevailed. Enjoyment of the rights recognized in the Covenant was, therefore, not possible for all individuals, and the use of force prevented the application of the provisions, since the Republic continued under military occupation. Cyprus remained committed to a peaceful settlement of the problem, on the basis of the United Nations resolutions, which would ensure the restoration and protection of rights without discrimination.
GEORGE STAVRINAKIS, Law Commissioner of Cyprus, said his Government was determined to identify all legal and other provisions which contradicted any articles of the Covenant and to have them eradicated or amended. There had been some improvements in Cyprus' legislation regarding human rights, but there were still some areas where steps needed to be taken. In other areas, steps had been taken, but change had not yet materialized.
The delegation of Cyprus had prepared a supplement to its third periodic report containing all the measures which had been taken or were to be taken in the near future, he said. That document contained information regarding the areas where actual measures had been taken and were at the advanced stage, including: abolition of the death penalty; the eradication of gender discrimination provisions in the laws of nationality and immigration; enactment of a new law regulating assemblies and processions; and the enactment of a law for asylum-seekers.
He went on to say that the supplementary report also includes information on areas where the law had been changed, such as the enactment of a new law for the treatment of persons suffering from mental disorders. A law was also promulgated providing for the appointment of administrators for persons who were
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unable, because of mental or physical disabilities, to manage their own affairs. The report also mentions areas where laws were under consideration or in the progress of implementation, including the law for the protection of personal data and the new law for the establishment of a single family court accessible to all citizens.
Response to List of Issue
Mr. STAVRINAKIS said his delegation would respond to the Committee's question regarding equality of the sexes at a later stage. On progress made with respect to women and children who were victims of violence, he said the new law on prevention of violence in the family was in force, but there were problems in its implementation; a committee was considering certain amendments to make the law more effective. Amendments could include gathering evidence from victims of violence and making use of electronic devices like video cameras. A provision would allow videotaped statements to be presented before the court, to avoid the direct examination of a complainant in court. However, the accused would still have the right to cross-examine the witness.
LEDA KOURSOUMBA, Attorney of the Republic of Cyprus, addressed the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. She said a bill was enacted in 1994 which established an Ofice of Ombudsman, with the power to examine complaints of ill-treatment by individuals -- and he had examined complaints and there had been results. There were three valid complaints in 1995. In one case, the complainant was paid compensation equal to 10,000 pounds plus legal costs. In another case, the complainant refused to come forward to make a statement to further criminal proceedings, and that case was still pending. There were two valid complaints in 1996 and one in 1997.
She said that use of weapons by the police was not the usual practice. There had been only one such case in recent years. In 1994, a man held his girlfriend hostage for over 24 hours and threatened to kill her and himself before midnight on Christmas eve. The woman called for help and the police called in a psychologist and stayed on the scene for over 24 hours. Shortly before midnight, the police entered the house and were shot at by the man. The police fired back and killed him. Soon after the incident, the Government appointed a commission of inquiry to look into the case. It found that the use of force was not been excessive. The Government offered the family of the man compensation, but the family was not satisfied and filed an application to the European Court of Human Rights. That Court found that the force used by the police, under the circumstances, was not more than absolutely necessary; therefore, there was no liability on part of the police or the Government.
Mr. STAVRINAKIS addressed the question of imprisonment for debt. He said a bill which had been prepared, but not yet been approved, would revise the law to include a number of alternative ways for a court to deal with a debtor. There
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was no particular reason why the bill had not been enacted; it was just an unfortunate delay. The bill would now be pushed and enacted into law.
Basically, the bill would give the court power to investigate the financial position of the debtor and, on that basis, issue a directive for collection of the debt, he said. One alternative was to direct the debtor's employer to deduct part of the debtor's wages and give it to the debtee. Another alternative was to direct the individual to pay, and if that was not obeyed, then a fine would be imposed. If the court made the determination that the debtor was insolvent, the debtor would be declared bankrupt.
With respect to freedom of assembly, he said that, under the old law, the definition of assembly included more than five people getting together, and those five needed a permit to assemble. Under a new law, 20 persons would be considered an assembly and no permit would be needed, but the appropriate authority must be advised.
On the protection of children, he said the age of criminal responsibility for a child was being raised from seven to 10 years. Presently, children from seven to 12 years were liable for crime if the prosecution could prove the child knew that what he was doing was wrong. Under present law, a child under 16 years was a juvenile offender, but the new law would raise the upper age of juvenile delinquency to 18 years.
Questions from Experts
OMRAN EL-SHAFEI, expert from Egypt, said it was a difficult situation for the Committee to have no information about a part of a territory it was considering. A number of persons were still missing, and there was no knowledge about their rights, and no information had been provided on missing persons. In addition, what were the prospects for success of the efforts being made for peace between the two sides in Cyprus? Some concern existed regarding the requirement of broad application of the Covenant's provisions in article 7 dealing with torture. There was also concern over the length of pre-trial detention. Were police and peace officers provided with adequate training regarding the Covenant in arrest procedures? Also, why had the bill on indebtedness not been approved?
NISUKE ANDO, expert from Japan, said he was grateful for the prompt submission of the third periodic report, which took into account the Committee's concluding observations on the country's second periodic report. Why had there not been further progress in implementing the bill on imprisonment for civil debt? What were some examples of the conditions imposed on the conduct of assemblies? What type of assemblies would be given such conditions? The report states that the age of criminal responsibility for children was 12 years old, but if a judge could ascertain that that child had clear knowledge of the criminal conduct, the age could be lowered. If that was the case, were there instances when that occurred? Regarding abuse
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by the police, was there cultural or communal pressure that prevented the victims of such abuse from coming forward? Was there public pressure, particularly from authorities?
ECKART KLEIN, expert from Germany, said the report announced many changes but many of them had not entered into force. The report was submitted in December 1994, but many bills were still pending now, four years later. It gave the impression that during that period, not many changes had really been made in improving the human rights situation in Cyprus. Why had it taken so long for the bill on eliminating forms of sexual discrimination to enter into force? According to the report, an independent commission of inquiry had been established to investigate all ill-treatment by authorities. What was the outcome of that inquiry? Was the independent commission a kind of ad hoc institution? Would it investigate ill-treatment by the police in the future? Had it been replaced on a permanent basis by the Office of the Ombudsman? What was the relationship between those two bodies? He said he was astonished that there was only one case in the past four years in which the police had used weapons.
ELIZABETH EVATT, expert from Australia, said the report was full of promises that would hopefully be realized in the future. Regarding reforms relating to the equality of women, would there be a comprehensive law on sexual discrimination in employment and others area? Would a review of laws regarding forced prostitution and trafficking in women allow victims of exploitation to pursue remedies against those who placed them in that position? Would a review of those laws address the situation of domestic servants in Cyprus who might be victims of abuse and human rights violations? Would the age for criminal responsibility be raised from 16 to 18 years? Were the new marriageable ages still different for men and women? Had there been any action taken to rectify the situation of ex nuptial children with respect to obtaining a name and citizenship in Cyprus.
THOMAS BUERGENTHAL, expert from the United States, said that Cyprus' report was full of promises that would hopefully be replaced by enacted legislation in the next report. Had there been any reported cases under the laws enacted to punish individuals who engaged in the incitement to racial, ethnic or religious discrimination? How had those cases been handled? Did the Ombudsman have the power to bring administrate proceedings, or did he merely refer cases to the Attorney General? Could any other administrative measures be taken in the absence of criminal procedures against police officials who engaged in cruel treatment or torture? Could the Attorney General bring administrative proceedings if a criminal case was not proven? Were there any training programs for police officials regarding the prohibition of torture and the punishment that could he applied. What type of communal pressures would be brought against individuals who might come forward with such cases? Did any judicial remedies exist to challenge the legality of calling a state of emergency?
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PRAFULLACHANDRA NATWARLAL BHAGWATI, expert from India, asked how many cases of missing persons had been investigated since 1974 when Turkish forces landed. Had any of the several cases of Cypriots being killed by Turkish forces been investigated? Was there any institutional mechanism for investigating allegations of torture and ill-treatment against the police? With regard to the judiciary, two systems seeming to act simultaneously -- one as a supreme court and the other as a high court. Under the new Administration of Justice Act, were those two systems merged? What were the functions being exercised under the new system?
Was there was immunity for high court judges? he asked. Was there legal aid for those wanted to approach the system for justice? Was there any recourse for offenses by the military? Were there family courts for Turkish Cypriots? What was the Government's position regarding forced labour? Also, how many cases had been filed under the law on protecting families from violence.
MAXWELL YALDEN, expert from Canada, said it was unfortunate the supplementary document had been issued in the conference room. What role did the police have with regard to human rights? Further information was needed on the new institution for human rights and how was it related to the office of the Ombudsman. It had been described as independent, with an executive committee composed of civil servants, but how could the institution be independent if its people worked for the Government?
In the event of complaints, to whom would they be brought? he asked. Would they be brought to the Ombudsman? The question was important, especially if one was of Turkish origin and living in the southern part of the island. What was being done about harassment of Turkish Cypriot persons by police?
CECILIA MEDINA QUIROGA, expert from Chile, raised questions regarding the legal situation of women. With respect to children, what was the procedure for deciding whether a seven-year-old child was responsible for a crime? What happened to children from seven to 12 years who were determined to be criminal? How did changes in the age of marriage affect the family laws? With regard to imprisonment for civil debt, did it mean that if the debtor did not pay, the debt would be treated as a fine?
FAUSTO POCAR, expert from Italy, said it was satisfying that Cyprus' current report took into account the Committee's recommendations on its second periodic report. Would the suspension of the freedom of right to assembly by the Council of Ministers be covered by the same guarantees that covered declaration of a state of emergency? It was doubtful that a suspension of that kind would be justified under the Covenant.
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JULIO PRADO VALLEJO, expert from Ecuador, asked what steps had been taken to ensure that law enforcement officers did not arbitrarily detain people or commit acts of torture. What was the outcome of the seminars for the police to instruct them on the basic concepts of human rights? Were there any negotiations under way between the Greek and Turkish Cypriot authorities? What results have been achieved to ease tensions and avert incidents of violence? Did the Government pay compensation to the victims in cases of torture? How many cases had required the payment of compensation for such acts committed by police? What measures ensured that victims were duly compensated?
RAJSOOMER LALLAH, expert from Mauritius, asked if the Commission of Inquiry was a permanent institution? Since it dealt with an important human right, protection of right to physical integrity, should there not be a permanent and independent police complaint board? The State itself should take appropriate measures to ensure that there was a proper forum in which people could complain and in which they could have confidence.
Regarding the issue of civil debt, when a person could not pay a fine, was he by law imprisoned for the non-payment of the fine? the expert asked. Did the length of imprisonment depend on the size of the fine? Could ministerial orders prohibiting meetings and assemblies be challenged in court? Would a court examine the merits of the order? Were there many cases of missing persons in either the Greek Cypriot or Turkish Cypriot communities?
MARTIN SCHEININ, expert from Finland, said the report of Cyprus was timely, comprehensive and very promising. Regarding valid complaints submitted to the Office of the Ombudsman, were existing complaint procedures designed so that every instance of ill-treatment could be pursued, or did the procedures of that Office inhibit complaints? In cases of torture where police officers were dismissed, could the dismissals be contested as unconstitutional or illegal?
Response by Cyprus
Mr. STAVRINAKIS, Law Commissioner, said that implementation of the promises in the supplementary report and the third periodic report had been slow in Cyprus as elsewhere, but the first steps had been taken. In some areas they had materialized, and in others they had not. Nevertheless, with all the bills that were still pending, sooner or later they would find their way to be enacted into law.
The Committee's questions would be taken into consideration in those bills, particularly with respect to the bills about assembly and processions, and about the imprisonment of debtors. If the court found a debtor could pay and flagrantly refused to do so, then it would order payment as a fine, which implied imprisonment if the fine was not paid. However, that would be a last
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resort order of the court -- the extreme case. Such matters would be taken into consideration prior to the bills being presented to the Council of Ministers for approval.
By the old law dealing with the age of criminality for children, the concept was that the child was not held legally responsible for criminality between the ages of seven and 12 years unless the prosecution could prove that the child knew that the act was of a criminal nature, he said. The new minimum age for responsibility would either be 10 or 12 years -- that had not yet been decided. Then, a child up to the age of 18 years would be treated as a juvenile rather than up to 16 years, as at present. Above the age of 18 years, the person would be considered to be an adult.
Ms. KOURSOUMBA, Attorney, said the Attorney General of Cyprus was independent of the Government and could not be removed from office. Under the Constitution, the Attorney General was the legal adviser to the Government and the Chief Prosecutor, and the Government was bound by his opinion. The Attorney General could not impose administrative sanctions, but could only give his advice on matters. Therefore, when the Attorney General told police officers to respect the human rights of all people, they knew they had to respect that order.
Police officers had been re-educated about the importance of the observance of and strict adherence to human rights laws, she said. The police academy had introduced courses on human rights issues which had been attended by nearly all police officers of various ranks. The crime rate in Cyprus was about one sixth that of other European countries, and it was not common for police to carry firearms. There had been only one case in her lifetime when police had drawn their arms and fired, and that was the case she had cited earlier. In that case, the action by police was a planned operation, undertaken with the advice of psychological and medical experts.
She said she was not aware of the establishment of an independent board to consider complaints of torture or ill-treatment by police. Cyprus was a small country and used ad hoc commissions to consider such complaints. The Council of Ministers had appointed a three-member committee to investigate incidents of ill-treatment by police. The committee asked for testimony from all individuals who felt they had been so treated. When the committee found that people had been ill-treated, the Attorney General had advised the Council of Ministers to dismiss three members of the police force who were implicated by those allegations. The officers who had been dismissed alleged that their human rights had been violated and filed a case with the Supreme Court. The Supreme Court said their human rights had been violated because they had been previously acquitted by a court on the same charges.
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The Government could be held liable for any acts of its servants, including the police, she said. A person could file civil proceeding for punitive damages. Regarding the cases that had not been pursued by the Ombudsman's Office, she said that in one case the person had refused to give evidence for political reasons. That was a Turkish Cypriot, who then fled to the north. In the other case, there were no known reasons why the person, a Greek Cypriot, would not cooperate.
The Office of the Ombudsman was a permanent body established by law, with powers to inquire into any actions of the administration, she said. In addition, the Ombudsman could inquire into human rights violations committed by the police. He transmitted his reports to the Council of Ministers, and communicated human rights violations directly to the Attorney General. On the question of invalid complaints, she said the Office of the Ombudsman was staffed with legally qualified people who had received several frivolous or unsubstantiated complaints.
The police now kept a record of detainees, she said. A new system had been introduced into police detention centres whereby all the material particulars must be recorded in writing. Anyone who did not cooperate with those procedures could be dismissed. Administrative arrangements had also been made for a system of videocamera surveillance when people were interrogated by the police. It was hoped that those two measures would further discourage police from ill-treating people in any way.
There were a few complaints about the harassment of members of the Turkish Cypriot community in 1994 and 1995, she said. Conditions had improved with the re-education of the police force. There had been no complaints in recent times, and no complaints had been logged by the United Nations office in the Turkish Cypriot community last year. The Constitution guaranteed human rights for every person, and regional and international conventions had precedence over all laws except for the provisions of the Constitution.
Mr. ZACKHEOS, the Permanent Representative of Cyprus, said that the questions of missing persons represented one of the most tragic elements of the crisis in his country. In only one case had the fate of the person concerned been determined. A proposal which had been cited to address the impasse over missing persons in Cyprus had not been implemented because of a desire to give the committee dealing with that issue, which had been in place since 1984, a chance to produce results. However, for any such committee to operate, it needed the cooperation of both sides. The question of missing persons was a purely humanitarian issue and could not be politicized.
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After a long stalemate, President Clerides and the Turkish Cypriot leader on 31 July, made a humanitarian agreement touching on the question of missing persons, he said. It represented a major breakthrough with respect to the need of families to know the whereabouts of their loved ones. There had been a first exchange of information regarding burials, and there would be further exchanges.
With regard to efforts made on behalf of peace between the two sides, the Secretary-General last summer initiated a new round of efforts but the impasse had not been broken. Turkey's conditions were for Cyprus to suspend its efforts regarding membership in the European Union, which was considered to be beyond the scope of the Security Council. There followed a hardening of the Turkish position on many issues, including the Cyprus problem. The condition which Turkey had now placed on settlement of the problem was recognition of a pseudo-state in the north, which had been declared null and void by the Security Council.
Mr. STAVRINAKIS, Law Commissioner, said the bill on acquisition of Cypriot nationality had received approval from the Council of Ministers last month. There were political reasons for that delay. The new family court, under legislation to be enacted this year, would not have jurisdiction over Turkish Cypriots, who had their own family law and courts. He would be preparing a comprehensive bill on the equality of women; hopefully, it would be enacted in a few years and cover all in the Covenant provisions on that issue. He would also look into the issue of paying compensation to victims of forced prostitution. The marriageable age would be the same for both sexes and would be listed in the new law on marriage.
The proposed new national institution for human rights would be independent and not under the control of any ministry, he said. Its executive committee would be composed of government officials, and it would be responsible for preparing reports, like those which were submitted to the Human Rights Committee. The plan for the operation and constitution of that executive committee was in its early stages and would be brought to the Council of Ministers for approval. The new institution would also have an advisory committee, composed purely of members from the private sector, including people from religious, academic and trade union institutions. One of the exclusive functions of the advisory committee would be the hearing of complaints of human rights violations.
Two bills were ready to be introduced on legal aid, he said. One bill would provide legal aid for the accused in criminal proceedings, while another would provide for legal aid to complainants in human rights cases.
Human Rights Committee - 16 - Press Release HR/CT/504 1647th Meeting (AM) 24 March 1998
A committee was finalizing amendments to a law to relax certain of the rigid rules on the admissibility of evidence in domestic violence cases, he said. One amendment provided for the admissibility of videotaped statements. A victim of violence was entitled under the law to punitive compensation, whether the violence was exercised by a member of the family or by the police.
The fusion of the Supreme Court and the Constitutional Court had been dictated by necessity, he said. The current court had the same jurisdiction as the two previous courts. He drew attention to an order which had declared that an area undergoing a strike involved an essential service and which had enlisted the striking employees to work. That law was to have been repealed a few years ago. A new law would have replaced it, but there had been a lot of controversy over the new bill, and therefore the old one had not been revoked.
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