CAT/OP/CYP/1
concerned that some of those legal guarantees are not given full effect in practice.
Moreover, as observed by the Committee against Torture (see CAT/C/CYP/CO/4, para. 7),
persons deprived of their liberty are in practice not provided with all the rights stipulated in
the law. Thus, although the law provides that detainees have the right to contact a lawyer
and relatives immediately after the arrest, the Subcommittee notes that that does not
actually happen. Likewise, it notes that the grounds on which third party notification can be
delayed for up to 12 hours appears to be invoked more frequently than is justifiable.
12.
The Subcommittee recommends that the State party ensure that the grounds on
which a third party notification can be postponed for up to 12 hours are only invoked
in exceptional situations and that postponements are justified.
13.
The State party guarantees free legal aid to persons without sufficient means. The
Subcommittee understands that for free legal assistance to be provided a court decision is
required, which means that such assistance is often not available during the critical periods
of initial detention and interrogation or during initial court hearings. Furthermore, domestic
law contains safeguards for arrested or detained persons, including the right to be informed
promptly of their rights in a language that they understand. 1 However, the Subcommittee
notes that detainees are not systematically notified of their rights in a language or in a
manner they understand.
14.
The Subcommittee recommends that the State party establish, as a matter of
priority, an effective and expeditious system for providing free legal aid from the start
of detention. In addition, the State party should ensure that all detained persons are
informed, both orally and in writing, of their rights in a language that they
understand, of legal remedies and of how to challenge the lawfulness of their detention.
15.
The Subcommittee notes that initial medical checks are done at some police stations.
However, during its visit the Subcommittee learned that detainees did not systematically
undergo medical screenings 2 and that such screenings were not carried out with the
thoroughness envisioned in the Manual on the Effective Investigation and Documentation
of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul
Protocol). Consequently, not all allegations of torture and ill-treatment could be effectively
investigated.
16.
The Subcommittee recommends that the State party ensure that detainees
undergo systematic medical screening and that, when they are necessary, such
screenings be carried out in accordance with the Istanbul Protocol. In particular, the
Subcommittee recommends that all allegations or complaints of torture and illtreatment be communicated to the appropriate authorities promptly and impartially
and that they be effectively investigated, in accordance with article 12 in the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. It further recommends that the regulations applicable to all places of
detention take account of the Istanbul Protocol and that they be effectively
communicated to detainees and others involved in their implementation. The
Subcommittee further recommends that the State party provide appropriate training
to medical and legal staff on the use of the Istanbul Protocol.
B.
Police detention
1.
General issues
17.
The Subcommittee commends the State party for the relatively good physical
conditions in most police facilities visited. A notable exception, however, is the police
station at Limassol, which is in urgent need of renovation.
18.
The legislative framework guarantees, for those in pretrial detention, the right to be
charged promptly or to be released. The Subcommittee notes that many detainees spend
1
2
4
Cyprus, Law Providing for the Rights of Persons Arrested and in Custody, Law No. 163 (I) of 2005,
part I (rights in connection with arrests), para. 3 (3).
Ibid., part II (rights during detention), para. 27.