In Dialogue with Cyprus, Experts of the Human Rights Committee Commend Efforts on Gender Equality, Raise Issues Concerning Unsafe Migration and Turkish Cypriot Access to Civil Service
The Human Rights Committee this morning concluded its consideration of the fifth periodic report of Cyprus on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts commending policies on gender quality, while raising issues concerning unsafe migration into the country and Turkish Cypriot access to civil service employment.
The Committee commended the State party for the ambitious scope of its National Action Plan on Gender Equality.
A Committee Expert noted that a 2020 Migration Management Action Plan suspended access to asylum procedures on the green line, and physical barriers such as barbed wire, were set up to prevent people from crossing. Reports of pushback of refugee vessels were concerning and were not in compliance with the State party’s obligations to non-refoulement. What actions were being taken to ensure that no one was refused the opportunity to file for asylum? How would the Government ensure that the principle of non-refoulement was respected?
Another Expert asked the delegation provide information about the opportunities for Turkish-speaking individuals. What employment services were available to them? How were they incorporated into the civil service? How were other minorities incorporated into the civil service? Were public services available in Turkish?
Louiza Christodoulidou-Zannetou, Law Commissioner of the Republic of Cyprus and head of the delegation, presenting the report, said that while Cyprus was party to most international human rights instruments and had integrated them into its domestic legal framework, the 1974 Turkish invasion and continuing military occupation of over a third of the territory, prevented the full implementation of the Covenant throughout the country. Under the newly elected president, the Government had prioritised women’s rights and Gender Equality. A coordinating body tasked with addressing the issue was established, which drafted a strategy and action plan to prevent and combat gender-based violence. Further, the crime of femicide was made into a specific offense, and in 2020 the Women’s House started fully operating, wherein trained professionals offered services to women victims of sexual and gender-based violence and their families. The country continued to support victims of human trafficking and established an online reporting platform. The Government was drafting an amendment bill to revise the national Refugee Law, to transpose new European Union directives and to clarify its provisions regarding procedures.
In the ensuing discussion, the delegation, in response to the Experts’ questions said that management of increased migration flows had become a priority. Over the past six years, Cyprus had received the highest number of asylum applications from the sea and through the green line, which put pressure on the asylum and refugee system. Internal measures included a fence on the green line, which was under surveillance to regulate human trafficking and allowed for early identification of asylum seekers who were victims of trafficking. The delegation did not appreciate the term “pushback”. From the moment a boat was detected, coastal police approached it to assess illegal migrations, and immediate danger of sinking. For the past three months, returns outnumbered arrivals. Cyprus followed its obligations under international law and respected non-refoulement.
Turkish Cypriots were not a minority. They were citizens of Cyprus. The Constitution stated that the official languages of the Republic were Greek and Turkish. 30 percent of public servants were required to be Turkish Cypriots and consequently, 70 percent were Greek Cypriots. Events between 1963 and 1974 had reduced Turkish Cypriot participation in public life. Turkish Cypriots were allowed to apply for and enter into the civil service. Applications for the diplomatic service were given in Turkish, for example.
Louiza Christodoulidou-Zannetou, Law Commissioner of the Republic of Cyprus and head of the delegation, in concluding remarks, said no country including Cyprus could claim a perfect record on human rights but the Republic would strive to do better. The delegation remained confident that the dialogue would provide important feedback necessary to advance in this goal.
Tania María Abdo Rocholl, Committee Chairperson, said that the dialogue was a constructive one. Issues discussed included ratification of other conventions, enforced disappearances, hate speech, refugees, trafficking in persons, the situation of migrants and the situation of Turkish Cypriots. She wished the delegation a safe journey home and thanked them for a memorable 4000th meeting.
The delegation of Cyprus was made up of representatives of the Ministry of Education, Sport and Youth; the Ministry of Interior; the Ministry of Labour and Social Insurance; the Ministry of Justice and Public Order; the Ministry of Public Welfare; the Office of the Law Commissioner; the Cyprus Police and the Permanent Mission of Cyprus to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and thirty-eighth session is being held from 26 June to 28 July. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 10 a.m., Monday 3 July to begin its consideration of the third periodic report of Burundi (CCPR/C/BDI/3).
Report
The Committee has before it the fifth periodic report of Cyprus (CCPR/C/CYP/5).
Presentation of the Report
LOUZA CHRISTODOULIDOU-ZANNETOU, Law Commissioner of the Republic of Cyprus and head of the delegation, said while Cyprus was party to most international human rights instruments and had integrated them into its domestic legal framework, the 1974 Turkish invasion and continuing military occupation of over a third of the territory, prevented the full implementation of the Covenant throughout the country. All the information in the report would only refer to the areas under the control of the Government.
Under the newly elected president, the Government had prioritised women’s rights and gender equality. 11 women were appointed to the 25-seat Council of Ministers, following the appointment of the first female president of the Supreme Court, elected by parliament in 2020. The country’s Ombudsman Institution received an A ranking from the Global Alliance of National Human Rights Institutions, and the first National Strategy for the Protection and Promotion of Human Rights was adopted in 2021.
To combat sexual and gender-based violence and domestic violence, Cyprus enacted the Law on Preventing and Combating Violence against Women and Domestic Violence. A coordinating body tasked with addressing the issue was established, which drafted a strategy and action plan to prevent and combat gender-based violence. Further, the crime of femicide was made into a specific offense, and in 2020 the Women’s House started fully operating, wherein trained professionals offered services to women victims of sexual and gender-based violence and their families. Significant developments in education included a law, stipulating sexuality education for children in primary and secondary schools, focusing on the prevention of sexual violence, gender equality and combatting gender stereotypes.
Lesbian, gay, bisexual, transgender and intersex persons were protected through awareness raising campaigns, including an annual Pride Parade, under the auspices of the President. The Government tabled a bill for legal gender recognition based on self-determination, and in 2023 the country had criminalised conversion therapies which forcibly changed or suppressed a person’s sexual orientation. A 2021 broadcast law mandated all Government media service providers, to ensure that broadcasted content did not contain elements inciting hatred or violence against any person or group.
The Government was committed to gender mainstreaming. All ministries would appoint a focal point, to work on the horizontal implementation of equality policies in the public sector and awareness raising activities. The gender-pay gap continued to shrink and currently stood at 9.7 percent. Both maternity and paternity benefits were available to parents, regardless of marital status.
The country continued to support victims of human trafficking and established an online reporting platform. The Government was drafting an amendment bill to revise the national Refugee Law, to transpose new European Union directives and to clarify its provisions regarding procedures. The National Roma Strategic Framework, which outlined measures to enhance inclusion and participation of Cyprus Roma persons, was submitted to the European Commission.
Questions by Committee Experts
A Committee Expert commended the steps taken to address the 2019 Concluding Observations, though some required more work. The political situation of Cyprus was unique, with the Republic of Cyprus Government governing the southern part and the north-eastern part controlled by the self-declared Turkish Republic of Northern Cyprus. The international community considered the north-eastern part of the country to be part of the Republic of Cyprus and occupied by Turkish forces. Negotiations were ongoing to reach reunification. Cyprus had the longest-running United Nations peace-keeping mission present on its territory.
Though it was possible to lodge a complaint to the Committee under the second optional protocol, numbers of complaints had been small. What was the country doing to facilitate this process, especially for those who didn’t have access to legal aid? How were people made aware of their human rights? Was information related to human rights and the Covenant made available in Cypriot, Turkic, and other minority languages?
The Convention on Enforced Disappearances remained to be ratified, which was concerning given the high number of missing persons since the 1974 events in the country. Did the State party plan to ratify them as well as the Convention on Migrant workers? The Covenant had been applied infrequently within the domestic legal system and the last time it was invoked, all claims by the defendant were dismissed. What steps had been taken to integrate the Covenant into Cyprus’ legal framework?
The Committee on Missing persons had identified 735 remains of 1,510 missing Greek Cypriots and 291 of 492 Turkish Cypriots. Were there any updates on these investigations? What steps were taken to support the Committee on Missing Persons? When would the State party grant access to military archives and other sites under investigation, to the Committee? Accountability was key to providing justice to victims in enforced disappearances. Did the State party plan to make enforced disappearance a crime within its Penal Code? What steps were taken to establish a truth and reconciliation commission, or a truth telling mechanism?
Another Expert congratulated the State party on their A-rank for their Office of the Commissioner for Administration of Human Rights. How were its reports or opinions received by the Government? Had they influenced policy change? A lack of Turkish speaking staff within the organisation presented problems for translation and representation. Could the delegation address this? What more information was available on the Human Rights Advisory Committee, and would it be in line with the Paris Principles?
How were the exceptions to the use of firearms in law enforcement compatible with the Covenant? What measures were in place to establish guidelines and clarification on existing laws, to prevent the arbitrary deprivation of life and disproportionate use of force by law enforcement officials?
A Committee Expert recalled the State party’s assertion that nationality legislation was applied without discrimination. Reports indicated that individuals including refugees and the children of Turkish Cypriots born and raised in the north of the country were either denied nationality or it was significantly delayed. How would the Government act to expedite the process in a non-discriminatory manner? How would the State party reduce the risk of statelessness?
The Committee welcomed the creation of an interministerial group to combat hate crimes in Cyprus, however these crimes continued to be carried out against ethnic minorities, lesbian, gay, bisexual, transgender and intersex persons, and foreigners. What concrete steps would be taken to ensure that antidiscrimination laws were implemented and enforced? How would people be held accountable?
The Committee further commended the State party for the ambitious scope of its National Action plan on Gender Equality. What were the specific desired outcomes of the plan and what was the timeline for them? Despite progress made, women remained underrepresented in senior political positions. Could the delegation identify the barriers to the further advancement of women in the political sphere, and address reports of sexism and patriarchal attitudes discouraging women from political life? What measures would the government take to ensure women’s equal and meaningful participation in the settlement process?
Another Committee Expert asked if the children of displaced women enjoyed the same rights as displaced men. How would the State party address the situation of children of asylum seekers, refugees and migrants being prevented from accessing health or social services, because of their nationality or legal situation of their parents? A 2020 Migration Management Action Plan suspended access to asylum procedures on the green line, and physical barriers were set up such as barbed wire, to prevent people from crossing. Reports of pushback of refugee vessels were concerning and were not in compliance with the State party’s obligations to non-refoulement. What actions were being taken to ensure that no one was refused the opportunity to file for asylum? How would the Government ensure that the principle of non-refoulement was respected?
Another Expert expressed concerns that incidents of gender-based violence were underreported for ethnic minorities and foreign nationals. What data was available on the types of gender-based violence reported? What was being done to address the root causes of low conviction rates for acts of domestic violence? Was training obligatory for prosecutors and judges for cases of domestic violence?
The Committee had previously expressed concern on the limited data available on complaints of torture and the low number of investigations, prosecutions, and convictions. What updates were available on the 82 known cases that were classified as “under investigation”? Had cases been brought against prison officials for mistreatment? What updates were available on the case cited in the State party report? Had the officer been prosecuted? What was the outcome of the case?
The Committee welcomed the adoption of the Prevention and Combating of Trafficking and Exploitation of Persons and the Protection of Victims Law in 2014, which significantly raised the penalties for trafficking offences under the law. What assistance was provided to victims? Had Cyprus established the Victims Support Fund, as outlined in the Anti-Trafficking Law? How were victims and potential victims of trafficking identified? It was indicated that male victims were housed separately from female victims; what differences were there in their accommodations? What role did the Social Welfare Services and the Commissioner of Children’s Rights play in assisting child victims of trafficking? What measures were put in place to promote the social inclusion of victims, to protect them from re-victimization and empower them to access the labour market and education? As victims of trafficking were highly vulnerable, was training provided for their legal representatives and advocates?
Responses by the Delegation
The delegation said that the Convention of Stateless persons and the Convention on Enforced Disappearances were still under consideration. Following the future visit of the Committee on Enforced Disappearances, the State party would ask for technical assistance to advance the ratification process. The latest data showed that 738 Greek Cypriots and 292 Turkish Cypriots had been found. Progress was slow due to the passage of time, the building of structures on possible burial sites, and the refusal of Turkiye to cooperate. Records from the Turkish military as well as access was needed to further investigate. Cyprus did not impede access to its military archives.
The Committee of Missing Persons had received reports and they would be investigated in full. 44 cases were currently being investigated. Cases had been brought to the European Court of Human Rights by Turkish Cypriots against Cyprus for ineffectiveness, but the court did not condemn Cyprus on any account. The main issue for investigations being unresolved was a lack of evidence. The special police unit received adequate funding to carry out its mandate. A victim’s fund was not being created currently. While there was no formal reparations fund, allowances were available. However, Turkiye should have been made to pay reparations. The 44 cases involved over 100 Turkish Cypriots and the investigations were open. As these cases were from the 1963-1974 period, eyewitnesses were either lacking or had refused to give written statements, and therefore not enough evidence was available to conduct a prosecution.
Following the ratification of the Istanbul Convention, a new law on gender-based violence was passed in 2021. With an action plan, support would be provided to victims of violence, guidelines for prosecution of perpetrators, the protection of women with disabilities from gender-based violence and the initiative of a unified database. Further, the National Coordinating Body already had a dialogue with the Office of the United Nations High Commissioner for Refugees on how to guarantee the safety of woman asylum seekers. In 2020 a sub-directorate in the police oversaw noted a 40 percent increase in reporting of domestic violence over the past three years. In 2021 over 3,500 complaints were investigated by the Cyprus police, predominantly regarding physical and psychological violence. 75 percent of victims were women and girls. The number of restraining orders was also increased; if the person was not convicted or not found, the victim would be moved to a safe house. A new protocol investigating rape was implemented, as well a new two-week program at the Police Academy, focused on vulnerable persons.
There were three shelters for victims of domestic violence, each with 17 rooms which accommodated four people per room. Women and their children were welcome at the shelters, which were operated by an association which also could house victims in rented apartments. The association also aided in reintegrating victims back into society. Women’s Houses were not actually houses, but were places where all necessary support systems to victims of violence were available. The Children’s House similarly offered assistance to child victims of violence and sexual exploitation and was operated by a non-governmental organisation. Both “houses” were fully subsidized by Government funds. In 2022, 395 cases were referred to examination from the Women’s House and 437 cases were referred from the Children’s House.
Management of increased migration flows had become a priority. Over the past six years, Cyprus had received the highest number of asylum applications from the sea and through the green line, which put pressure on the asylum and refugee system. From 2015-2023, almost 78,000 applications for international protection were submitted. At the end of 2021, over 30,000 and in 2022 over 20,000 were granted protection, mainly from Syria, Nigeria, the Democratic of the Congo Pakistan and Afghanistan. A Memorandum of Understanding issued with the European Commission would regulate migration along places or origin, strengthen structures of migratory flows and of return procedures. Reception centres were established in the territory. While one was originally designed to host 500 persons, but needed to host 3,500 people. Centres required constant supervision and upgrades. As of today, three centres had been updated. Despite support from various European organisation, the particularities of Cyprus’ situation required new legislation to speed up processes.
Other internal measures included a fence on the green line, which was under surveillance to regulate human trafficking. The Government of Cyprus did not allow for regularisation for unlawful crossings through the green line. There were currently six crossing points in the country. Early identification of asylum seekers who were victims of trafficking or violence were under way. A deputy ministry was established to ensure the protection of beneficiaries, and of third-country nationals who did not have a right to remain in the territory. An information campaign about the consequences of illegal migration was planned to deter irregular migration of migrants from sub-Saharan Africa. Cyprus had already seen a reduction in applications.
The delegation did not appreciate the term “pushback”. From the moment a boat was detected, coastal police approached it to assess illegal migrations, and immediate danger of sinking. For example, last Friday, the search and rescue mechanism was activated in the Cape Greco area, saving 37 people. Interrogations were carried out to punish smugglers. Most migrants by sea were of Syrian or Lebanese origin, paying up to 600 dollars to smugglers. In 2021, 12,391 irregular migrants arrived in Cyprus, of whom 721 arrived on 34 boats. While over 3,000 persons were deported, 50 smugglers were arrested in 2021. This year, 4,723 irregular migrants arrived, 441 of them by 21 boats and 21 smugglers were arrested. Returned migrants totalled 29 percent of arrivals. For the past three months, returns outnumbered arrivals. Cyprus followed its obligations under international law and respected non-refoulement.
In Cyprus’ schools, pupils were expected to develop civic skills and learn about human rights. The pedagogical institute regularly organised compulsory and optional conferences on teaching children, including migrants and asylum seekers. School representatives exchanged best practices in managing racist behaviours of children, colleagues, and parents. The results included educational activities and further trainings to hold schools accountable in dealing with racist behaviour. Information campaigns included at-school seminars, meetings, and pamphlets available in seven languages.
A human rights unit within the Ministry of Justice undertook a range of activities to promote human rights. A new national strategy adopted in 2021, aimed to upgrade the level of protection in the country of human rights through the coordination of ministries. A bill was also passed which facilitated gender recognition based on the principle of self-determination.
Follow-Up Questions by Committee Experts
A Committee Expert positively noted the presence of women in the delegation but asked why representatives from civil society were largely absent from the meeting?
Another Expert asked if training was provided to judges and prosecutors, as it was for police officers? If so, how did they differ?
Were the male victims of violence given the same assistance as women housed in shelters? How did victims of domestic violence enter into shelters? Were they referred, or free to enter on their own? What difference did recognising femicide as an offense make in criminal proceedings? Why wasn’t the definition incorporated into the criminal code?
Another Expert commended the delegation for their detailed responses and asked what the exact status of the green line was, if it wasn’t a border or a place of crossing? Reportedly, smuggling occurred and unaccompanied minors were able to cross. What had prevented the creation of the Truth Commission?
An Expert said that reports had been received that shelters were overcrowded and did not fulfil the specific needs of marginalised groups of women and girls. Could the delegation address this? Did the State party have a plan to implement resolution 1325 on the role of women in peace and security?
Responses by the Delegation
The delegation said that the accreditation recognised the Office of the Commissioner of Human Rights work in awareness raising, trainings and engagement with civil society. The Commissioner was a position filled through a public call. Applicants were evaluated by a council of ministers, recommended to the President, and then approved by the parliament. Legislation on gender-based violence was currently being harmonised.
Male victims of domestic violence were provided the same services as women. A victim could enter a shelter following the filing of a complaint with the police, and an assessment by social services. However, if placement was deemed urgent, a complaint filing procedure was waived and the victim was placed in a shelter. In cases of overcrowding, the association could rent houses or apartments where all services would be provided to the victims.
The Government was addressing women’s employment through a multifaceted approach. It had been found that the parity gap was less for younger women. Inspections were carried out with the aim of raising awareness on gender discrimination after 2022, targeting high-ranking positions. Results revealed that women were discriminated against and had a small presence in management roles. Obliging companies to look at their salaries by gender in this context was a positive exercise, as they did not review them regularly. Following inspections, employers often maintained awareness of parity. It was important for employers to publish salaries, which would allow employees to have a better understanding of pay structure and encourage equal pay for equal work. The Government also encouraged flexible work arrangements, which would aid women in job access. Increased protection during paid maternity and parental leave would also empower women economically.
Eliminating violence and harassment at work was also a priority. The Committee for Gender Equality was tasked with monitoring the equal treatment of employment under the vocational training law, and accepted complaints, especially for sexual harassment at work. It maintained communication with the University of Cyprus and regularly participated in awareness raising events. Various schemes supported the participation of women in the work force including a flexible employment scheme for active women who had trouble staying in one job. Schemes were slated for launch in 2024. Cyprus was constantly working to build a culture that valued equity, diversity and inclusion.
While Cyprus was subject to international law and Security Council resolutions, the country did not itself participate in the peace process conducted between the two communities on the territory. Women took part in both track one and track two initiatives including facilitating dialogue between the two communities and implementing Recommendations and the Action plan. The Government was committed to ensure through immanent appointments that the Greek Cypriot membership of the technical committees would have gender parity. The delegation acknowledged that women were underrepresented in high ranking positions. The Government was working address root causes such as stereotypes and that women were overwhelmingly responsible for care-work.
Resolution 1325 would be implemented by a coming action plan. Cyprus had not yet ratified the Convention on Migrant Workers as non-European Union country could accede unilaterally. However, elements of the Convention had been integrated into domestic legislation.
The Turkish invasion in 1974 altered the demographics of Cyprus. While numbers were unverifiable, Turkish citizens now outnumbered Turkish Cypriots. It was important to take this deliberate violation of the fourth Geneva Convention into account when considering children of Turkish Cypriot citizens.
References to the Covenant and its optional protocol in trials and cases were infrequent, but their elements and status would be prioritised in awareness raising campaigns and trainings in the future.
Currently, over 3000 applications for naturalisations were pending for children who had one parent residing in Cyprus, the majority of which concerned children of a Turkish Cypriot parent.
Questions by Committee Experts
At the start of the meeting on the second day, TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, commemorated 4000 meetings of the Human Rights Committee.
A Committee Expert asked what was being done to address concerning prison conditions? Efforts to combat overcrowding were taken into account. Had alternatives to detention been explored? How was violence in prisons recorded? What complaints mechanisms were in place to report incidents of violence? Were prison personnel required to undergo training to identify and prevent violence? Was the juvenile detention system fully separated from detention centres holding the adult population?
Could the delegation provide information about the opportunities for Turkish-speaking individuals? What employment services were available to them? How were they incorporated into the civil service? How were other minorities incorporated into the civil service? Were public services available in Turkish? What were the educational needs of the Turkish Cypriot children? Why had the number of Roma students enrolled in schools decreased so drastically recently?
Another Expert asked about the proportion of detainees held in pretrial detention in police stations? The provisions in the Aliens Act outlined a deadline of 18 months holding an illegal migrant, before being returned. The same law also required a hearing before a judge. Reports had been received that people were held for longer. How was this compatible with the Covenant?
Reports had been received that migrants and asylum seekers were being held in police premises due to lack of space, which was inappropriate. What was the average and maximum length of detention in these cases? What alternatives to custody existed for asylum seekers and migrants? Migrants were guaranteed access to appeal. What information was available on the number of appeals lodged and what was the situation of unaccompanied minors? The Pournara centre had been reportedly become a de facto detention centre for migrants, sometimes for multiple months. Could the delegation address this?
Another Committee Expert expressed concerned that minors were not sufficiently protected against torture. What safeguards were in place to ensure that the deprivation of liberty for juvenile offenders was considered a last? Could the delegation provide more information on the 2021 law on Children in Conflict with the Law?
Persons seeking candidacy for presidential office were required to have “no intellectual disability” while electors had to be “of sound mind”. Could the delegation define these terms? Was there a procedure to effectively qualify someone as incompetent? How would the delegation ensure persons with disabilities were supported during electoral processes?
It was reported that religious groups not recognised in the Constitution were required to register as non-profit organisations, which meant they did not have the same rights as other religious groups. Claims by religious minorities such as Jehovah’s Witnesses and Jewish people were not respected by authorities. What measures would be taken to ensure that all religious communities were respected equally?
Another Expert recalled the 2023 protests demanding expanded access between northern and southern regions, which resulted in a Security Council resolution calling for a greater contact between the two parts of the island. However, the area of Kokkina remained without a crossing point into the southern part of the island. Were there plans to establish new crossing points? How was the State party facilitating the freedom of movement in Cyprus? When would the State party change the refugee law to allow for free movement of refugees equal to the rights of other foreign nationals?
Reports indicated that obstacles such as distance and lack of access to information, hindered voting rights for Turkish Cypriots. Only 712 Turkish Cypriots were registered to vote and up to 1,500 were unable to vote as they were missing from the electoral list during the 2021 parliamentary elections. What action were taken by the State party to encourage participation by Turkish Cypriot voters in these elections? Further, parliament had a marked lack of Turkish Cypriot representation. The Office of the President and Vice-President was defined based on ethnicity, with a Greek Cypriot president and a Turkish Cypriot vice-president. Would the State party consider amending the Constitution to remove this discriminatory provision?
Another Expert noted that Muslims were only allowed to conduct services at six out of the 19 mosques designated as cultural heritage sites; how did the State party plan to expand access to these places of worship? Complaints had been received that autopsies had been performed on non-suspicious deaths in the Jewish community, and the Government had refused to issue marriage, death, and divorce certificates. Could the delegation address this?
What was the current status of the so-called Fake News bill, which the parliament returned to the Ministry of Justice in 2023? Reportedly Cyprus was an attractive place for companies selling surveillance technologies. What was the Government taking to limit the availability of them in Cyprus? A law criminalising publications which used “unofficial” geographical names was concerning: how would it be ensured that this law would not be used to curb freedom of speech?
Responses by the Delegation
The delegation said the State party recognised the problem of overcrowding in prisons and was working to address it. Commuted prisons sentences and parole through electronic monitoring was one such effort. Prison law was amended to allow a detainee sentenced to prison for less than 12 months to serve part of their sentence at home. Another significant measure allowed detainees who were drug users to enter into therapeutic drug addiction programs. 113 inmates benefitted from the programme from 2018-2022. Inmates charged with sexual offences, homicide and murder were excluded from a COVID release measures, which allowed prisoners with two years left on their sentences to be released early. Measures to reduce overcrowding in 2023 included converting an open prison to a closed prison to increase capacity. The renovation would be in line with international obligations and was expected to increase total capacity.
Violence between inmates was rare. Allowing inmates freedom of movement during most of the day encouraged proper time management and contact with other inmates. Prison staff received training, even more so after the establishment of the prison academy in 2017. Issues addressed in the trainings included health and safety issues, terrorism, racism, recycling and the lesbian, gay, bisexual, transgender and intersex community. Inmates had free access to complaints procedures, including the Ombudsman.
Turkish Cypriots were not a minority. They were citizens of Cyprus. The Constitution stated that the official languages of the Republic were Greek and Turkish. 30 percent of public servants were required to be Turkish Cypriots and 70 percent were consequently Greek Cypriots. Events between 1963 and 1974 had reduced Turkish Cypriot participation in public life. Turkish Cypriots were allowed to apply for and enter into civil service.
In 2018 two additional crossing points were established and new crossing points were supported by the Government. However, the Turkish Cypriot side had not participated effectively in the Working Group to establish them. Efforts were underway to facilitate crossing through carrying out improvement work and hiring additional staff. After Cyprus’ 2004 accession to the European Union, the green line was strictly regulated as the transport of goods and persons into the European Union. European Law barred third country nationals who had illegally entered the north from crossing into the south. A review of the law would require action at the European level, but the State party was looking into it. None of the crossing points were closed during 2022 and all COVID-19 related measures related to crossings were abrogated.
The new law regarding children in conflict with the law, took into account the Convention on the Rights of the Child regulations. Children under 14 had no criminal responsibility. The law only applied to those between 14-18 years of age, or crimes committed by those before the age of 18, but tried later. A juvenile court was established for these cases. A new unit for handling juvenile delinquency was established, which also saw the development of new trainings and circulars included on the rights of the child, and treatment of children in interrogation. A pamphlet on the rights of the child in custody had to be signed by the child, guardian and lawyer and was available in seven languages. Children were not to be detained in the case of reasonable doubt. Detention was used as a measure of last resort for the return of a non-European Union national.
The European Union Agency for Asylum had deployed experts to explain rights to migrants. New standard operating procedures for vulnerability assessment were drafted in cooperation with the European Union Agency for Asylum as well.
All Greek and Turkish Cypriots residing in areas under the effective control of the Government had to register in the electorate, and were guaranteed the same rights. Of all Turkish Cypriots with an identity card and an address in the north, over 80,000 were recorded to the electoral list for European Union elections, but just over 5,000 had exercised their rights to vote in the elections. Discussions on the issue in Parliament was ongoing.
128 centres existed for administrative detention and 186 centres for criminal detention. Because of overcrowding, some administrative detainees were transferred to criminal centres, but never vulnerable persons or women with children. Efforts were made to separate detainees through the establishment of separate wings for administrative and criminal detainees. Detained persons at the Menogeia enjoyed free access to internet, phone, medical personnel, exercise as well as English and education classes. Detainees were made aware of their rights through a signed document, translated into over 20 languages.
There was no need to establish a Turkish language school, due to the small number of students. A possible reason for the decrease in the Roma population was that families had moved to areas outside of the effective control of the Government. The Ministry of Education implemented further measures to meet students’ needs, such as teaching the Roma language. Seminars were held for parents, encouraging them to enrol their children in schools. The Department of Secondary education continued to encourage integration through offering free Greek as a second language course to parents, and trainings on how to respect diversity for institutions. Turkish was a second language option. The two compulsory foreign language courses were English and French. Armenian and Maronite children’s needs were met through subsidised schools. Non-Christian Orthodox children could be exempted from religious subjects.
A law on trafficking would increase access to information on victims’ rights through a referral mechanism. The strategy to combat trafficking in persons aimed to further integrate international standards into domestic law. Experienced investigators were responsible for all trafficking cases. An assessment tool identified victims of trafficking and other forms of exploitation. Constant training was provided for this specialised unit, in addition to the police. 90 persons had been identified as victims of trafficking in the past four years and yesterday saw the first conviction for the use of services of a trafficking victim. All victims were entitled to financial and psycho-social support. The State party made all efforts to reintegrate victims and prevent revictimization regardless of race or ethnicity.
Follow-Up Questions by Committee Experts
A Committee Expert asked the delegation to provide information on claims that the State party had deported asylum seekers who had committed a crime. Following a protest of 30 unaccompanied minors in March 2022, the children’s commissioner expressed concerns about conditions in reception centres. What measures had been taken to address the situation? What measures were in place to expedite the age-determination process and ensure that a minor’s consent was obtained before a full evaluation of their age was conducted? How were asylum seekers with disabilities received?
Another Expert expressed concern that Cyprus had not adopted the Convention on Migrant workers, nor an important International Labour Organisation agreement. It was a simple issue of national will. Other countries had established bi-lateral agreements to protect the rights of migrant workers. Would the State party consider taking the above steps to avoid migrants being received out of line with human rights standards?
Another Committee Expert asked how Covenant obligations were respected, when administrative detainees were held in criminal detention centres?
Another Expert asked about conscientious objection to military service. Retribution in the form of fines was concerning. Could the delegation address this?
A Committee Expert noted that of course Turkish Cypriots were not a minority. Were the rights of religious minorities not respected because they were not involved in public processes?
Responses by the Delegation
The delegation said asylum seekers were only deported after a legal process. The principle of non-refoulement was respected systematically. In cases of doubt of stated age, examinations were carried out with the guardian’s consent. An incorrect age assessment could cause damage to the person’s rights. Examinations were carried out by social services. The age determination process would take place if the person’s documents were missing, or if family reunification under the Dublin protocol was requested and the receiving country required the information.
The director of social welfare services was the guardian of unaccompanied minors through any processes including the age-determination process. The recommendations from the Commissioner following the protest of the 13 children were taken into account and under assessment. Persons with disabilities at the Pournara centre were considered vulnerable people. Following their administrative registration, they were placed in accommodation corresponding to their needs. Cyprus had in fact ratified International Labour Organisation convention 143 and it was enforced.
If an asylum seeker committed a crime, they were subject to the same legal procedure as any other person. Following their sentence, a court would decide if they were to be deported or not, and they could not be deported earlier. Juveniles who were found guilty of any crime were not housed with pre-trial detainees. Pre-trial juvenile detainees were housed in specialised police cells. Recognised victims of trafficking had certificates which granted them access to social services.
The Pournara reception centre would be upgraded following a 2023 memorandum of understanding signed between the State party and the International Organization for Migration. A 25-million-euro expansion project was under way to improve lighting, increase holding capacity and establish a zone for minors. Construction was expected to be completed at the end of 2023. The State party was required to follow European Union law when employing migrants and did not treat irregular migrants as criminals.
Closing Statements
LOUIZA CHRISTODOULIDOU-ZANNETOU, Law Commissioner of the Republic of Cyprus and head of the delegation, said no country including Cyprus could claim a perfect record on human rights but the Republic would strive to do better, engaging with all stakeholders and civil society organizations to do so. The delegation remained confident that the dialogue would provide important feedback necessary to advance in this goal.
TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, said that the dialogue was a constructive one. Issues discussed included ratification of other conventions, enforced disappearances, hate speech, refugees, trafficking in persons, the situation of migrants and the situation of Turkish Cypriots. She wished the delegation a safe journey home and thanked them for a memorable 4000th meeting.
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CCPR23.014E