CAT/C/CYP/CO/5
(d)
Ensure that every patient, whether hospitalized voluntarily or
involuntarily, is fully informed about the treatment to be prescribed and is given the
opportunity to refuse treatment and any other medical intervention, and that
involuntary placements are always as the result of a court order by a competent judge
and subject to automatic periodic review;
(e)
Compile statistical data relevant to complaints of, investigations into and
prosecutions and convictions for torture and ill-treatment, restraint measures used,
deaths in custody and compensation and rehabilitation provided to victims;
(f)
Compile statistics on the number of individuals being held involuntarily
and the means of challenging such detention, as well as on the number of complaints
received each year challenging the legality of such detention.
Missing persons
40.
While welcoming the work of the bicommunal Committee on Missing Persons in
Cyprus, the Committee remains concerned about the lack of information regarding redress
afforded to relatives of victims and the measures taken to investigate cases of missing
persons and prosecute those responsible. The Committee is concerned that the Committee
on Missing Persons in Cyprus is not empowered to grant redress to the relatives of the
missing persons, and that the overall approach is a humanitarian rather than human rightsbased approach.
41.
The State party should:
(a)
Continue to provide support to the Committee on Missing Persons in
Cyprus and take further steps to investigate all outstanding cases of all missing
persons in an effective, transparent, independent and impartial manner;
(b)
Ensure the right to truth regarding the circumstances of disappearance,
including access to information on the progress and results of investigations and
participation in relevant proceedings;
(c)
Redouble efforts to guarantee that the relatives of missing persons
identified by the Committee on Missing Persons in Cyprus receive appropriate
redress (see general comment No. 3 (2012) on the implementation of article 2);
(d)
Ensure access by victims, their legal counsel and relevant judges to
judicial remedies and evidence concerning acts of torture or ill-treatment (see general
comment No. 3, para. 30).
Military service
42.
The Committee is concerned that minors under the age of 18 are being conscripted
into military service, as the law relating to the National Guard provides that compulsory
military service in times of peace begins as of 1 January of the year the citizen reaches the
age of 18. The Committee notes the recent decision of the Minister of Defence to have, as
of 2018, one annual National Guard enlistment session each July, thereby reducing the
number of compulsorily recruited 17-year-olds. However, it notes with deep concern that
the National Guard law maintains compulsory recruitment of persons who have not yet
reached the age of 18, thus increasing the risk of cruel, inhuman and degrading treatment
(arts. 11 and 16).
43.
The State party should review and amend the law relating to the National
Guard to ensure that children under the age of 18 are never subject to compulsory or
voluntary recruitment, in the interest of protecting all children from direct
involvement in armed conflict.
Redress, including compensation and rehabilitation
44.
The Committee is concerned that current laws and practices do not make available
effective reparative measures for victims of torture and ill-treatment. While noting that
some law enforcement personnel have participated in training on handling victims of
torture and ill-treatment, the Committee is concerned at the lack of compensatory or
rehabilitation measures provided through civil action initiated by victims. It similarly notes
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