B. REPORT ON THE SHORT-TERM DETENTION AREA IN THE NICOSIA ASSIZE
COURT
In accordance with articles 4 and 5 of L. 2(ΙΙΙ)/2009 thereby Cyprus has
ratified the Optional Protocol to the United Nations Convention against
Torture
and
Other
Cruel,
Inhuman
or
Degrading
Treatment,
the
Commissioner for Administration has the mandate to carry out unrestricted
and regular visits without to places in which people are or may be deprived
of their liberty. In this context, the meaning of a place of deprivation of
liberty extends beyond the traditional places, such as prisons and police
stations to encompass any other places in which persons may be deprived of
their liberty at a given moment.
Such a place includes the detention area in the Nicosia Assize Court which is
used for the safe custody of the detainee while waiting to appear before the
competent Court.
The visit to the said area was conducted on 23 February 2016 upon
consultation with the Police and the Chief Registrar of the District Court of
Nicosia, as the area was undergoing upgrading works.
It was noted that it should be made clear to all the members of the Police
involved in transferring and detaining people in such places that the rights
of detainees as provided in the relevant legislation (L. 163(I)/2005) shall
apply by analogyin the waiting area. Therefore, the obligations of the
members of the Police to ensure respect for the rights of detainees should
be applied accordingly.
The Commissioner welcomed the initiative and the proposals under
consideration, as they are indeed designed to improve the conditions and
the safer and more efficient operation of the area. She therefore urged the
competent authorities to implement and complete the works required the
soonest possible.
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