FEW BILLS AIMED AT CYPRUS' COMPLIANCE WITH COVENANT ON CIVIL, POLITICAL RIGHTS ENACTED INTO LAW TO DATE, HUMAN RIGHTS COMMITTEE TOLD

24 March 1998

Press Release
HR/CT/505

FEW BILLS AIMED AT CYPRUS' COMPLIANCE WITH COVENANT ON CIVIL, POLITICAL RIGHTS ENACTED INTO LAW TO DATE, HUMAN RIGHTS COMMITTEE TOLD

19980324 Members Cite Disparity between Promises, Achievements, in Country's Third Periodic Report

The third periodic report of Cyprus on its compliance with the International Covenant on Civil and Political Rights contained many promises, but few actual achievements, expert members of the Committee said this afternoon, as they continued their review of that report. While many bills had been prepared to meet the concerns expressed by the Committee following its review of Cyprus' second report, few had actually been enacted into law.

Addressing that issue, George Stavrinakis, Law Commissioner of Cyprus, said that action on the bills which had been prepared by the Government was often delayed because they presented certain political difficulties. Once those misgivings were allayed, the bills would soon be enacted into law, he said.

A number of experts raised questions about whether provisions of the Covenant were self-executing under Cypriot law. Mr. Stavrinakis said that if the House of Representatives decided that a provision was self-executing, the courts were bound to follow that decision. However, if the legislature said that provision was not self-executing, it must create the machinery for its implementation.

The Permanent Representative of Cyprus to the United Nations, Soterios Zackheos, said the promises in his country's report were not empty words to appease the Committee, but were made in earnest. Although there had been delays owing to the slow movement of the lawmaking process, the Committee's comments would be taken into account and addressed.

Other issues raised by the experts included law and practice in Cyprus relating to the right of assembly, the criminalization of acts by minors, legal provisions to address violence within the family, freedom of movement, and discrimination against women, homosexuals and Turkish Cypriots.

Questions were raised by the experts from Chile, Canada, Australia, Mauritius, United States, Lebanon, Japan, United Kingdom, Israel, Germany, Finland, India and Italy. The expert from France, Chairman of the Committee, also spoke.

The Committee will meet again at 10 a.m. tomorrow, 25 March, to begin its consideration of the initial report of Zimbabwe.

Committee Work Programme

The Human Rights Committee met this afternoon to continue 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). The Committee's expert members were expected to raise additional comments and questions on the presentation made this morning by the Cypriot delegation.

Statements

GEORGE STAVRINAKIS, Law Commissioner of Cyprus, continuing his response to questions raised this morning, said that Cyprus was taking steps to eradicate discrimination between men and women. Laws on immigration and equal pay had been enacted, backed by such measures as collective agreements signed by unions to safeguard equality of pay.

LEDA KOURSOUMBA, Attorney for Cyprus, said that training had been undertaken to remedy the condition of misconduct by police. The United Nations liaison office, where complaints had been made in the past, had confirmed that no problems had occurred in 1997 or 1998.

CECILIA MEDINA QUIROGA, expert from Chile, said she wanted more information on the problem of violence. Had the new law helped to prevent violence or helped victims in any way? What was the extent of the problem in Cyprus? Also, what was the impact of the new law on the rights of women? The new law seemed to apply to divorce, but would the new family law address other family problems?

Mr. STAVRINAKIS, Law Commissioner of Cyprus, said the new law on domestic violence would have results. However, it could not yet be said how many complaints of family abuse had been lodged under it. Family counsellors reported that women had been sensitized to the existence of the law and were more outspoken about the problem of violence. Prior to enactment of that law, they had not spoken of such problems even to their families. The law intended to make changes to make the redress of complaints possible, such as allowing a statement made by a child to a psychiatrist as admissible evidence in a case of family violence.

The new law on marriage would apply to everyone. Issues to be addressed would include marriageable age and conditions for marriage. It would also cover certificates for marriage, which would be issued by the State rather than by the churches, as previously.

MAXWELL YALDEN, expert from Canada, asked for additional information on the activities of the Ombudsman with respect to human rights. Had there been cases of discrimination against Turkish Cypriots in the southern part of the country? A report of the Secretary-General from 1996 mentions such instances.

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ELIZABETH EVATT, expert from Australia, asked if a new law on gender discrimination would prohibit discrimination in the private sector. Would it provide remedies in cases where women were discriminated against by private employers? Were there any reports of limitations of the freedom of movement of Turkish Cypriots and their difficulties in obtaining identity cards and employment?

RAJSOOMER LALLAH, expert from Mauritius, asked if the various marriage laws discriminated against women. Did they have inferior rights in marriage?

THOMAS BUERGENTHAL, expert from the United States, asked if there had been any cases under the application of the law that criminalized incitement to racial discrimination.

ABDALLAH ZAKHIA, expert from Lebanon, asked if children appeared in same courts as adults. Did they receive the same sentences?

Ms. KOURSOUMBA, Attorney for Cyprus, said the first case of harassment of Turkish Cypriots came to the Government's knowledge in 1994, and steps had been taken to eradicate the problem. There had been incidents of harassment since 1994, but they did not exist any longer. Reports of limitation of movement must be referring to the Turkish Cypriot population that moved from the north to the south. They were assisted in finding employment and given houses by the Government. In the forthcoming report of the Secretary-General, the harassment situation would be described differently.

The Ombudsman could examine any complaint, not only those regarding human rights, she said. If the complaint concerned human rights, the Ombudsman transmitted it directly to the Attorney General. She said she would make the annual report of the Ombudsman to the Attorney General available to the Committee.

Mr. STAVRINAKIS, Law Commissioner of Cyprus, said that men and women were treated equally under the laws governing property rights and relations between parents and children. There had been no convictions under the racial discrimination law, but that did not mean there were no reported violations. As a general rule, the public was not free to attend the proceedings in the juvenile courts. The courts had a wide choice of non-custodial orders the could make for the rehabilitation of the offender, the most common being probation.

He said the law on treaties had not been enacted probably because the appropriate minister had misgivings about it. The law provided for the creation of machinery whereby the Convention could be worked into domestic law, perhaps by attaching it directly to the law. If those measures could be worked into the ratification process, that could clear up questions regarding self-executing provisions in the Convention.

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He said the law providing for the death penalty was now applicable under military law and was not compulsory. The death sentence had been abolished for premeditated murder and was now applicable only in cases of high treason, piracy, and instigation of invasion. There was a movement to abolish the death penalty in those cases as well.

Ms. MEDINA QUIROGA, expert from Chile, said the issue was corporal punishment and not the death penalty.

Mr. STAVRINAKIS, Law Commissioner of Cyprus, said that the provision of the Civil Wrongs Law, which allowed the application of force against a child for the purpose of chastisement, had not been amended, but it was under review.

Ms. KOURSOUMBA, Attorney for Cyprus, said the Prison Law and Regulations had been revised in 1996, and other amendments were made in 1997. The Prison Council was an independent body, appointed by the Council of Ministers. It had extensive powers, including the right to investigate any complaint submitted by a prisoner. Its other powers include the right to examine the condition of prison buildings, to investigate the living and working conditions of prisoners, and to investigate the conditions of occupational training and any matters relating to the training and education of prisoners.

She said the Council was also mandated to cooperate with the Director of Prisoners in matters pertaining to the welfare of prisoners and to communicate all its suggestions to him. It could also conduct investigations within prisons and examine any matter it considered necessary. The Council was given freedom of access to any part of the prisons whenever it desired. Every member of the Council also had a right, and an obligation, to visit the prisons regularly and to investigate the treatment of prisoners by prison officers. In addition, they had the right to inspect any prison records.

Mr. STAVRINAKIS, Law Commissioner of Cyprus, addressing the question of corporal punishment, said that such ill-treatment of any person of any age by anyone was an offence. There was no justification for the ill-treatment of an individual. The law included specific provisions that created an offence for the ill treatment of mentally ill persons. Domestic law did allow persons the right to seek compensation. The State was responsible for any civil wrong exercised by the Government.

An amendment to the Constitution intended to allow police to monitor communications in certain situations, such as bankruptcy, had not been enacted, he said. The idea had just been under consideration; the change had not been made. As to the dissemination of information about the Convention, a human rights curriculum was to be introduced for civil servants.

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Ms. KOURSOUMBA, Attorney for Cyprus, said that the Committee's comments would be publicized in Cyprus. The Covenant was included as part of the Constitution, and the police academy held courses on human rights. There were articles, forums and media programmes on human rights. She herself lectured on human rights and would be doing so on her return, in response to an initiative from a secondary school. That demonstrated the public, and not just lawyers, had become sensitive to human rights concerns.

Mr. STAVRINAKIS, Law Commissioner of Cyprus, said that in the event it was decided to amend the Constitution, as had been proposed, a special law would be enacted to ensure that the right to privacy would be safeguarded.

NISUKE ANDO, expert from Japan, drew attention to some issues which had been raised during the process of approving the agenda, but were not in the organized list of issues sent to the delegation of Cyprus.

Mr. STAVRINAKIS, Law Commissioner for Cyprus, said the amended copy of the list had been received. Citing a new question on the rights of aliens, he said that aliens had the same rights as the citizens except in terms of work. Otherwise, they enjoyed all rights. Nevertheless, the present law regarding aliens was to be revised because it was a colonial law.

Addressing the question of the surveillance of private conversations, he said the right to privacy was respected in Cyprus. If there was any interference by the Government, it would be reported to the Commission on Administration as a human rights violation by the Government, as stated in the Constitution. The use of such recordings of conversations in court was not allowed.

Ms. KOURSOUMBA, Attorney for Cyprus, said provision of the Constitution on the right to private life and family life caused some difficulty because part of criminal law prohibited unnatural offences. A man had made an application to the European Court of Human Rights stating that he had been made a victim under that provision. He had not been prosecuted, but he said the law criminalized homosexual acts. The Government said the provision was unconstitutional and could not be enforced in Cyprus. The European Court ruled that the existence of the law made the man a victim and that Cyprus was guilty. The Government had proposed a bill that would amend the criminal law, but it was still pending. Hopefully, it would soon be adopted by the House of Representatives.

Mr. STAVRINAKIS, Law Commissioner for Cyprus, said he could not reply to the question regarding the new penal code, since there was no new penal code in Cyprus.

Mr. ANDO, expert from Japan, said that question was in error and did not apply to Cyprus.

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Lord COLVILLE, expert from the United Kingdom, asked why the problem of different and discriminatory treatment of male and female immigrants with respect to marriage had not been corrected through legislation. If the new proposal on evidence would state that all relevant evidence should be admissible, then there should be some exceptions. For example, confessions or admissions obtained from individuals by police coercion could not be admissible. In the field of domestic violence, the solution might be to make use of the civil courts, rather than the criminal courts.

Mr. YALDEN, expert from Canada, citing article 17 of the Covenant on the right to privacy, said it was the responsibility of the Cypriot legislature to guarantee that right, particularly with respect to the possibility of discrimination against homosexuals. He also expressed support for the removal of the death penalty for treason in Cyprus, which would allow ratification of the Optional Protocol.

DAVID KRETZMER, expert from Israel, asked about freedom of movement between the occupied part of the island and the other parts. To what extent did the Government impose restrictions in either direction?

Ms. MEDINA QUIROGA, expert from Chile, said she was puzzled by the status of the Government in Cyprus. The report stated that the Government had a superior position to the law, as demonstrated in treaty law mandated by the Covenant which had not yet been enacted. Which provisions of the Covenant were self-executing? She added that the proposed law on conscientious objection still seemed to be discriminatory. Was there any chance of improving it?

ECKART KLEIN, expert from Germany, asked if it was only the legislature and not the judiciary that could determine which provisions of a treaty were the self-executing. Could the legislature be selective in choosing which provisions were self-executing? Was it ever possible to review a case in which an alien was ordered to be expelled or deported? Which was the competent authority to review such a deportation decision?

Ms. EVATT, expert from Australia, drew attention to the report's mention of a change in the interpretation of a life sentence in prison. Did the new interpretation reduce the possibility of the ultimate release of a person who had already been sentenced to life in prison? Were prisoners who suffered from contagious diseases entitled to different types of containment? Could that be applied to prisoners with AIDS? Was AIDS a problem in the prisons of Cyprus?

Had there been any consideration by the Government of introducing a more general anti-discrimination bill that would protect homosexuals? she asked. How did new provisions regarding conscientious objectors apply to the cases of the up to 18 Jehovah Witnesses who had been imprisoned for significant periods

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of time? Had there been any consideration of establishing an independent committee to grant television and radio licenses? Was there film censorship in Cyprus?

MARTIN SCHEININ, expert from Finland, asked for information on which provisions in the criminal code criminalized "unnatural offences". He drew attention to the proposal to amend criminal sanctions for conscientious objectors who objected to alternative service, to allow an aggregate period of 28 months to be served in prison. Did that suggest that a prison term was an alternative way of performing national service? Was the practical application for conscientious objectors the same as that for other prisoners, particularly violent criminals? Was the actual term of prisoners serving life sentences subject to presidential prerogatives?

Mr. STAVRINAKIS, Law Commissioner of Cyprus, said that one reason for bills not yet being enacted into law was political misgivings. There were certain issues that presented political difficulties, such as those concerning settlers, and once the misgivings were allayed the bills would soon be enacted into law.

Victims of domestic violence had access to civil courts, but criminal courts were quicker to deal with such issues, he said. The law now gave greater attention to all forms of domestic violence, which helped to reduce the frequency of such acts. A bill on data protection was nearing enactment and would soon be presented to the Council. Also, a new law should soon be enacted abolishing the death penalty.

Regarding the confusion expressed about the self-executing provisions of the Covenant, he said questions had arisen when individuals went to court to exercise a right and the court ruled that the provision was not self-executing and a domestic law was required to enforce the provision. Adding the Covenant to the Constitution would provide a way for a citizen to demonstrate to the court that the Constitution contained the provision. However, approval of the House of Representatives was still needed before the Covenant would become part of the law.

He said the new bill on conscientious objections had not yet been presented to the Council of Ministers. According to the current law, it was a continuous offence, and that was why a provision about the term of imprisonment had been included. If someone refused to perform national service, he could be brought before the court continuously and, theoretically, could be put in prison for life. The sentence was not an alternative to national service. Most objectors did not appear before the authorities, and they did not proclaim their status as conscientious objectors until they were brought before the courts.

Although the law stated that the Council of Ministers decided matters involving deportation, that authority had been delegated to the Ministry of

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the Interior, he said. There was no reviewing authority, but such an authority could be included in the new law on aliens and immigration.

Ms. KOURSOUMBA, Attorney for Cyprus, said that confessions obtained under pressure were not considered voluntary and were, therefore, not admissible. Evidence obtained through telephone taps was also not allowed in the courts.

She said she would convey the Committee's recommendation that Cyprus amend all provisions of the criminal code that discriminated against homosexuals. Regarding conscientious objectors, even under existing law, which was not satisfactory, when a person had served a prison sentence of about 10 months arrangements were made by the Attorney General for that person to be given a pardon. Those were the arrangements in practice.

There was an AIDS problem in Cyprus prisons, but it was not a large problem, she said. Prisoners with AIDS were kept separate, out of fear for their own safety. Prison authorities were trying to educate all prisoners about AIDS in order to eliminate the segregation policy. Regarding life imprisonment, the term had been interpreted, according to certain provisions, to mean 20 years. There had been a pronouncement in the Supreme Court that life in prison meant life in prison. That applied only to those people who would be imprisoned in the future, and not to those currently serving life sentences.

Mr. STAVRINAKIS, Law Commissioner for Cyprus, said a new law would establish a board, an authority, that would issue the radio and television licenses. It would also exercise disciplinary control over the members of the mass media. He said the Government of Cyprus did not impose any restrictions on freedom of movement; only the so-called administration of the north of the country placed those kinds of restrictions.

Mr. BUERGENTHAL, expert from the United States, said the Covenant had been ratified and formed part of Cyprus' municipal law. It had superior force to any other municipal law. Was that true only for the provisions that were considered by Cypriot courts to be self-executing? If so, he urged that all the provisions of Covenant should be made self-executing by the legislature.

Mr. STAVRINAKIS, Law Commissioner for Cyprus, said the provisions of a convention were of superior force and would prevail over other similar provisions in domestic law. However, a self-executing provision was one that could be implemented without any further steps being taken domestically to provide machinery for its implementation.

Ms. MEDINA QUIROGA, expert from Chile, asked if there were any provisions of the Covenant that had been declared self-executing by Cyprus Supreme Court. If so, what did that mean?

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Mr. LALLAH, expert from Mauritius, asked if there had ever been a single occasion when a ministerial order to suspend assemblies and processions had been reviewed on its merits.

PRAFULLACHANDRA NATWARLAL BHAGWATI, expert from India, said there was still confusion over whether the Covenant was self-executing in Cyprus. In most instances, a provision had to be made part of domestic law before it was self-executing.

FAUSTO POCAR, expert from Italy, also asked for clarification on that issue.

Mr. STAVRINAKIS, Law Commissioner of Cyprus, said that, at first glance, it seemed that all the provisions of the Covenant were self-executing, but that could not be known yet. The situation was similar to conventions, which became part of the domestic law upon ratification, but something still had to be done to make them operative.

Mr. KLEIN, expert from Germany, asked whether the provisions on whether the Covenant was self-executing was meant as an aid for the judge or as something exclusionary.

Mr. STAVRINAKIS, Law Commissioner of Cyprus, said the issue was very complex. There could not be undue restriction of the court's interpretative function. It was possible for the international interpretation of self- execution to be different from the national interpretation.

He said if the House of Representatives decided that a provision of the Covenant was self-executing, then the court was bound to follow that decision and find ways of implementing it. If the legislature said a provision was not self-executing, it must create, in the ratification process, the machinery for its implementation. If the provision stated that for its implementation there would need to be regulations, the provision could not be implemented unless the regulations were first made. If the provision stated that regulations might be created, then the provision could be implemented without the creation of those regulations.

The Government of Cyprus had taken those steps in the implementation of the Covenant because of the doubts raised by the Committee, during its consideration of the second periodic report, regarding the right of citizens to know about the law.

The bill on assemblies and processions had not been enacted, and the Committee's concerns would be taken into consideration. Any decision to suspend the holding of assemblies or processions would be subject to review by the Supreme Court.

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Concluding Statements

Lord COLVILLE, expert from the United Kingdom, complemented the delegation on the practical information it had submitted to the Committee about how the various institutions were working in Cyprus. Next time, the Committee should continue in the same train of thought, and the delegation should include in its report information about the practical measures that had been taken. There also should be more information on preventing discrimination in the two communities of the country.

If commissions of inquiry found human rights violations, it was not their duty to find a solution, he said. In that context, the proposed national institution for human rights should include a mechanism to review its own effectiveness. In addition, the Government should take some action in order to ensure that violations which had been identified by the national institution were corrected. The next report should also address practical aspects of how the Covenant was being implemented in Cyprus. It was important to note that some progress had been made in clearing up cases of involuntary disappearances in both communities in Cyprus.

Mr. ZAKHIA, expert from Lebanon, said the delegation should communicate the Committee's recommendations to the House of Representatives. There was also a need to give civil organizations involved in human rights protection the right to take matters to the court.

CHRISTINE CHANET, Committee Chairman and expert from France, commended the delegation of Cyprus for its efforts. It was regrettable that the supplementary report had only been submitted to the Committee this morning. She noted several positive points in the Cyprus' report, including the establishment of an Ombudsman who could accept complaints by individuals concerning ill-treatment and torture. While the four year since submission of the report was not a long period of time, many of the Committee's previous concerns remained. The Government of Cyprus had made many announcements, but there had been little achievement. Concerns remained about imprisonment for debt, prior authorization for exercise of the right of assembly, and the criminalization of acts by minors. Many bills were still at the drafting stage.

The Committee recognized that there was some reticence in the legislature to realize pieces of legislation, she said. There was still discrimination against women and homosexuals, as well as against Turkish Cypriots. The Committee would make a recommendation that the bills on equality between men and women and on conscientious objectors should be enacted as a matter of priority.

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SOTERIOS ZACKHEOS, the Permanent Representative of Cyprus to the United Nations, said disappointment had been expressed that there had been few changes made to the laws of Cyprus. The promises made were not empty words to appease the Committee, but were in earnest. The reason the various projects under way had not yet materialized was due to the slow movement of laws. The comments of the Committee had been noted and they would be reviewed. Note had been taken of the doubts expressed, especially regarding the self-executing provisions of the Covenant, and they would be addressed.

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