CAT/C/CYP/CO/4
all, only as a measure of last resort, after alternatives to detention have been duly
examined and exhausted and for as short a period as possible. The State party should
also refrain from applying the Aliens and Immigration Law to asylum seekers.
Detention of undocumented immigrants
17.
Noting that the Aliens and Immigration Law permits the administrative detention of
undocumented immigrants in exceptional cases and when other less coercive measures are
not considered adequate, in accordance with the European Union return directive (directive
2008/115/EG), the Committee is concerned that the Aliens and Immigration Law does not
list any alternatives to detention and that undocumented immigrants are routinely detained,
without a consideration of less coercive measures or the person’s risk of absconding. The
Committee is further concerned by reports indicating that immigrants are being detained
repeatedly by the police, owing to the absence of a valid residence permit, for periods that
exceed the 18-month maximum legal period, even when the State party cannot carry out the
deportation within a reasonable time. The Committee supports the view of the European
Court of Human Rights in M.A. v. Cyprus that the current recourse before the Supreme
Court under article 146 of the Constitution to challenge the lawfulness of a detention order,
which is of an average of eight months at first instance, is too long to guarantee a prompt
judicial review of the detention (arts. 11 and 16).
The State party should:
(a)
Repeal the legal provisions that criminalize irregular entry and/or stay,
and list in the legislation alternative measures to administrative detention, such as
reporting requirements or sureties;
(b)
Establish and apply guidelines to examine the necessity and
proportionality of the detention and prohibit detention when there are no prospects
for the immigrant of being removed within a reasonable time;
(c)
Apply detention only as a last resort, after alternative measures to
administrative detention have been duly examined and exhausted, when necessary
and proportionate and for as short a period as possible, which should never exceed the
absolute time limit for the administrative detention of undocumented immigrants,
including in cases of repeated detention;
(d)
Ensure that the release letter provides for a temporary residence permit
for immigrants pending the regularization of their status, so that they do not enter the
detention cycle;
(e)
Ensure prompt and regular review by a court of the detention of
undocumented migrants.
Ill-treatment and conditions of detention at the Menoyia detention centre
18.
While welcoming the appointment of a complaints committee in May 2013 to
handle complaints regarding ill-treatment and detention conditions in the Menoyia
detention centre, as well as the decision to refrain from using handcuffs, the Committee
remains concerned by the numerous allegations of ill-treatment by police in the centre,
which has led to protests and hunger strikes. The Committee also received information
regarding very limited outdoor access, poor quality of food and frequent resort to solitary
confinement (arts. 11 and 16).
The Committee urges the State party to ensure that the legal regime at Menoyia
detention centre is suitable for its purpose and that it differs from the regime of penal
detention. The complaints committee should vigilantly pursue each complaint and
immediately transmit allegations of ill-treatment to the Office of the Attorney-General
8