CAT/C/CYP/CO/5
(b)
Ensuring that legal recourse is available to asylum seekers and irregular
migrants who have lost the protection of suspensive effect;
(c)
Tracking the number of cases relating to non-refoulement of possible
victims of torture that the two administrative courts and the Supreme Court have
considered since their respective establishment, the number of cases submitted and
the number decided, case outcomes, including the number of those resulting in
deportation, the number of cases resulting in successful claims that led to the reversal
of a deportation order, the number of appeals and the outcomes of the appeals.
Detention of asylum seekers and irregular migrants
20.
While recognizing the challenges inherent in dealing with a large influx of irregular
migrants and taking note of, inter alia, the report of the Subcommittee on Prevention of
Torture on its 2016 visit to the State party, the Committee remains concerned by the
criminalization and routine detention of irregular migrants, the extended periods of
detention of such migrants and the functioning of the migration detention facilities
throughout the country. While welcoming information from the State party that asylum
seekers are no longer detained under the Aliens and Immigration Law, the Committee
remains concerned about reports that asylum seekers continue to be detained for protracted
periods during refugee status determination, including during judicial review of their cases,
which reportedly can take up to two years. In addition, the Committee is concerned that no
comprehensive identification procedures are in place to ensure the sufficient and timely
identification of vulnerable persons prior to ordering detention. While welcoming the
confirmation from the State party that unaccompanied minors and children are never
detained under any circumstances, and the adoption of policy measures, including a
coordination mechanism in the reception system and the early identification of vulnerable
persons, the Committee remains concerned that irregular migrants are still detained if they
do not comply with the State’s request for voluntary return (arts. 11 and 16).
21.
The Committee urges the State party to:
(a)
Ensure that persons in need of international protection, including those
fleeing violence, are not detained or are detained only as a measure of last resort, for
as short a period as possible and on an equal basis with Cypriot nationals, in terms of
equal rights and treatment;
(b)
Adopt and implement a standard and comprehensive procedure for the
identification of the specific needs of vulnerable asylum seekers prior to resorting to
detention;
(c)
Adopt regulations to fully and consistently implement the provisions of
the Refugee Law providing for alternatives to detention, establish comprehensive
procedures for the determination and application of alternatives to detention and
ensure that these be considered prior to resorting to detention, as part of an overall
assessment of the necessity, reasonableness and proportionality of detention in each
individual case;
(d)
Provide information about the duration of such detentions and clarify
whether application for asylum by a detained irregular migrant cleared for
deportation is considered obstruction.
Non-refoulement
22.
While taking note that article 29 (4) and (5) of the Refugees Law prohibits the return
or refoulement of a refugee or person with subsidiary protection status to a country where,
inter alia, he or she would be at risk of being subjected to torture or inhuman or degrading
treatment, the Committee remains concerned at reports that individuals are still being
returned to countries where they might be subjected to torture. It is also concerned about
the effectiveness of the appeals process relating to re-examination of decisions of cessation
of subsidiary protection status. The Committee is further concerned that the granting of
subsidiary protection is approximately five times more frequent than the recognition of
refugee status. Finally, the Committee is concerned that in several cases, the act of
5