CAT/OP/CYP/1/Add.1
55.
As regards ill-treatment, the Chief of Police has issued circular letters informing
Police members that the Attorney General, after having examined various criminal
interrogations and administrative investigations concerning citizens’ allegations of abuse
and/or exercise of violence by Police members, gave instructions that when such allegations
are reported, he must be informed promptly (within a maximum of 24 hours), so as to
enable him to exercise his powers, which include the power to assign independent criminal
investigators to examine the allegations. Furthermore, the Independent Authority for the
Investigation of Allegations and Complaints against the Police which has competence to act
ex-proprio motu, must also be informed within 24 hours.
56.
Moreover, the Attorney General gave the following instructions as far as the
procedures to be followed by the Police:
• The previous practice of the Police to perform administrative or criminal
investigation of such cases is terminated;
• Whenever a person files a complaint of having been abused or subjected to violence
by Police members, he/she must be examined by a forensic pathologist, who in turn
must submit a relevant report on his/her findings. The report is then forwarded to the
Attorney General;
• If such complaint is filed by a foreign national, the Head of the Aliens and
Immigration Service is also informed, so that no deportation proceedings are
executed.
57.
As regards the use of handcuffs, according to the relevant Police Standing Order
5/39 “Handcuffs”, the purpose of using handcuffs is to prevent detainees from escaping or
avoiding potential harm to themselves, to others or to property. Handcuffs are used for
security reasons, after an evaluation on a case by case basis, and only when deemed strictly
necessary.
(1)
Therefore, handcuffs are used on:
• Convicts or persons under trial;
• Persons who are in police custody as suspects of committing serious
offenses;
• Persons who are in police custody as suspects of committing any other
offenses and are dangerous.
(2)
Members may not use handcuffs:
• On juveniles, elderly, injured or disabled persons. The use of handcuffs in
such cases shall be made if absolutely necessary, taking into account the
following:
- Aggressive behaviour of the arrested person,
- The seriousness of the offense committed, and
- Body type of the person arrested.
• Persons who are unable to escape or are unlikely to escape;
• On detainees or convicts transported on ships or airplanes, unless they are
dangerously violent or their guard is not sufficient;
• On mentally disturbed persons, depending on the instructions of the police
officer in charge for guarding this person, who takes into consideration the
opinion of the attending physician/doctor, the chances of escape and when
sure these will cause undue discomfort;
• On detainees/convicts/prisoners, who are in Court, unless the Court orders
otherwise.
58.
Relevant training is also conducted by the Emergency Response Unit of the Cyprus
Police.
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