CAT/C/CYP/CO/4
a violation of the Convention to prosecute conduct solely as ill-treatment where the
elements of torture are also present.
Domestic violence
9.
The Committee welcomes the legislative and other measures aimed at combating
domestic violence, including the extension of the legal protection in this area to migrant
workers living with their employers and the adoption of the National Action Plan on the
Prevention and Handling of Family Violence (2010–2013) (para. 6 (a) above). However,
the Committee notes with concern the low number of investigations and convictions, the
majority of which ended in a fine, according to the information provided. Moreover, the
insufficient assistance to victims, including the lack of legal aid, is a matter of concern, as is
the lack of information regarding the implementation and impact of the successive national
action plans. The Committee also notes with concern reports that indicate a reluctance of
migrant spouses and migrant live-in workers to report violence against them to the police,
since their right to a residence permit is linked to the consent of the very same person they
intend to denounce (arts. 2, 12, 13, 14 and 16).
The State party should redouble its efforts to combat domestic violence, inter alia, by:
(a)
Ensuring the effective implementation of the legal framework, including
its application to live-in domestic workers, by promptly, effectively and impartially
investigating all incidents of violence and prosecuting and punishing perpetrators in
accordance with the gravity of their acts;
(b)
Sensitizing and training law enforcement personnel, social welfare
officials, prosecutors and judges on the investigation, prosecution and sanctioning of
cases of domestic violence and on creating the appropriate conditions for victims to
report such cases to the authorities;
(c)
Taking measures to facilitate complaints by victims and informing them
about recourses available;
(d)
Strengthening the public awareness-raising campaigns to fight domestic
violence and gender stereotypes;
(e)
Undertaking an impact assessment of the various action plans and the
criminal justice responses to counter domestic violence, with a view to increasing their
effectiveness, and ensure their application to live-in domestic workers;
(f)
Ensuring that victims of domestic violence benefit from effective
protection, including the right to a residence permit independent of the abusive spouse
or their migration status, and have access to sufficient and adequately funded shelters,
medical and legal aid, psychosocial counselling and social support schemes.
Trafficking in persons
10.
While welcoming the legislative and other measures to address trafficking in persons
(paras. 5 (b) and (c) and 6 (b) above), the Committee is concerned at reports indicating that
no offender has ever been convicted for the crime of human trafficking; convictions are
handed down, rather, under non-trafficking statutes that impose more lenient sentences. The
Committee also regrets the lack of information provided on the measures taken to
investigate officials who have participated in this crime. The Committee notes further
information indicating that the new Law 60(I)/2014 on trafficking does not provide victims
with the right to an effective remedy until they are recognized as victims by the Office of
Combating Trafficking in Human Beings of the police, on the basis of its own internal
determination procedure. The Committee also takes into consideration deficiencies reported
in the provision of social services to victims of trafficking (arts. 2, 12, 13, 14 and 16).
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