CAT/C/CYP/CO/4
human-rights-based approach. The Committee remains concerned, however, at the high
number of deaths in custody, especially suicides, as well as the incidents of inter-prisoner
violence, including gang rape, with the connivance of prison guards. The Committee is
further concerned by information about obstacles that impede Turkish Cypriot prisoners
detained in the southern part of the island receiving visits from family and friends. As
acknowledged by the State party, the Prison Law and Regulations still permit the
imposition, as a disciplinary punishment, of confinement to special isolation cells for up to
60 days or confinement to a personal cell for up to 90 days. Moreover, the Committee takes
into account reports that allege the use of cellular confinement as an informal punishment
without procedure, as well as on the imposition of provisional disciplinary confinement for
several days after an alleged commission of a disciplinary offence (arts. 2, 11 and 16).
The State party should continue its efforts to bring the conditions of detention in
places of deprivation of liberty into line with the appropriate provisions of the
Standard Minimum Rules for the Treatment of Prisoners, which are currently under
revision, in particular by:
(a)
Implementing effectively the measures designed to reduce overcrowding
to a minimum, particularly through the wider application of non-custodial measures
as an alternative to imprisonment, in the light of the United Nations Standard
Minimum Rules for Non-custodial Measures (the Tokyo Rules);
(b)
Ensuring: (i) that all incidents of death, suicide, attempted suicide and
violence in custody are reported to central authorities for monitoring purposes;
(ii) that all cases are effectively and independently investigated and, on a finding of
criminal responsibility, lead to a penalty proportional to the gravity of the offence;
(iii) enhanced monitoring and detection of at-risk detainees, adopting preventive
measures regarding the risk of suicide and inter-prisoner violence, including
procedures for management of the cases and increasing the number of prison staff;
and (iv) continuous evaluation of the impact of the current measures to prevent
suicide and inter-prisoner violence, with a view to increasing their efficiency;
(c)
Revising the Prison Law and Regulations in order to ensure that solitary
confinement: (i) is never applied to juveniles in conflict with the law or to persons with
psychosocial disabilities and (ii) remains a measure of last resort, imposed for as short
a time as possible, under strict supervision and judicial review. The State party should
establish clear and specific criteria for decisions on isolation and ensure that detainees
maintain social contact while in solitary confinement. The practice of imposing
informal disciplinary isolation should be strictly prohibited;
(d)
Giving all reasonable facilities to all detainees for receiving visits from
their family and friends, in accordance with international standards.
Detention of asylum seekers
16.
The Committee is concerned that, although the Refugee Law permits the detention
of asylum seekers only in exceptional cases and for a maximum of 32 days, in the majority
of cases asylum seekers are detained under the Aliens and Immigration Law as
undocumented immigrants, or for minor offences, and remain detained for protracted
periods of time during the whole status determination procedure. The Committee notes
further that asylum seekers are also detained when their asylum claims are refused at the
administrative level but are pending judicial review. That situation prompted various
hunger strikes by Syrian refugees in 2013 and incidents of suicide in protest against their
detention (arts. 11 and 16).
The Committee urges the State party to ensure that persons in need of international
protection, including those fleeing indiscriminate violence, are not detained or, if at
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