Country

Cyprus

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Cyprus, Law on prisons of 1996 (O περί Φυλακών Νόμος του 1996)Α Prisons Council appointed by the Council of Ministers examines complaints from detainees, including complaints regarding nutrition and if it deems it necessary, submits the complaint to the Justice Minister and the Prison Director.175 In order for a complaint to be deemed well founded, it needs to be premised on a violation of a law or regulation and not merely on a practice that was discontinued or was applied elsewhere.
Cyprus, Prison (General) Regulations of 1997 [Οι περί Φυλακών (Γενικοί) Κανονισμοί του 1997]In case of disciplinary proceedings against detainees, the decisions of the prison director must always be justified and recorded in detail in the minutes of the trial and lodged in a summary form in the Registry of Disciplinary Offences and Detainees’ Sanctions.
Regulations issued under article 28 of the Prison law 1996-2018 (Οι περί φυλακών νόμοι του 1996 έως 2018, Κανονισμοί δυνάμει του άρθρου 28)Detainees in the central prison are entitled to visits from their lawyers. The area where they meet has a camera, however according to the prison authorities it is deactivated in terms of sound. Detainees can also send letters to their lawyers which the prison authorities are not permitted to open and must send without delay.
Cyprus, The Convention against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment (Ratification Law of 2009)The NPM can examine complaints and issue recommendations. The NPM must bring to the attention of the Attorney General any complaints against members of the police for criminal violations of human rights.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2022The content of telephone calls or letters is checked if the Director considers it necessary for security reasons or for any other reasonable cause, with the exception of letters sent or received by the detainee to/from his/her lawyer, the Attorney General, the Commissioner for Administration and Human Rights’ Protection, the Prison Council, the Council of Europe's Committee for the Prevention of Torture and Other Forms of Torture, the Council of Europe's Committee for the Prevention of Torture and Other Forms of Inhuman or Degrading Treatment or Punishment and the European Court of Human Rights. Report details
2022In all Wards, the complaint boxes should be in a condition that allows them to be used for their intended purpose, that there are no factors that prevent their use by prisoners, such as direct exposure to security cameras, and that correspondence placed in the boxes is not checked by prison staff but is only accessible to the Officers. It is understood that in any case, detainees should know in advance their right to submit a complaint, as well as the confidentiality that should characterize such complaints. Report details