1. Most of the civil and political rights embodied in the International Covenant on Civil and Political Rights are adequately safeguarded by the Constitution of Cyprus, part II, on fundamental rights and liberties. Under the Treaty of Establishment of the Republic of Cyprus, article 5, it is provided that the Republic of Cyprus "shall secure to everyone within its jurisdiction human rights and fundamental freedoms comparable to those set out in Section 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on the 4th of November 1950, and the Protocol to that Convention, signed at Paris on the 20th March 1952".
2. The Rome Convention and the Protocol have served as the prototypes for drafting the relevant provisions in the Cyprus Constitution. The Republic of Cyprus ratified the Rome Convention and its First Protocol in 1962 by means of the European Convention on Human Rights (Ratification) Law (Law No. 39 of 1962). By virtue of such ratification, and by virtue of the provisions of article 169 (3) of our Constitution, the provisions of the Rome Convention and its First Protocol have superior force to any municipal Law in Cyprus; thus, these provisions have become part of the law of Cyprus alongside the fundamental rights and liberties provisions in part II of our Constitution.
3. The present Covenant has been ratified by Law No. 14 of 1969 of the Republic of Cyprus and forms part of the municipal law of Cyprus having superior force to any other municipal law (art. 169 (3) of the Constitution).
4. The Constitution of Cyprus not only defines the fundamental rights and liberties in clear legal language, but also provides effective remedies for their enforcement. Under article 35, the legislative, executive and judicial authorities of the Republic shall be bound to secure, within the limits of their respective competence, the efficient application of the provisions relating to fundamental rights and liberties. A law which in any way violates any of the constitutional provisions may be declared by the Supreme Court as unconstitutional. Moreover, if the fundamental rights of a person are violated by any administrative act, that person may apply to the administrative authority for redress under article 29 of the Constitution, and/or he may file a recourse to the Supreme Court under article 146 for the annulment of such act as being contrary to law or made in excess or abuse of powers, whereupon the Supreme Court may declare such act as null and void and of no effect whatsoever. Furthermore, the person aggrieved may resort to the Supreme Court for any of the prerogative orders of habeas corpus, mandamus, prohibition, quo warranto and certiorari, for which express provision exists in the Constitution (art. 155 (4)).
5. In the implementation of the provisions of the Covenant the decision of the Supreme Court in the case Malachtos v. Armeftis and another (Civil Appeal No. 6616, 20 January 1987) is of paramount importance regarding self-executing provisions of the Covenant. The following extract from the said case explains the gist of the decision:
6. The Republic of Cyprus has ratified the Optional Protocol to the International Covenant on Civil and Political Rights by enacting Law No. 17 (III) of 1992. By the ratification of this protocol the Republic of Cyprus recognizes the competence of the Human Rights Committee set up in part IV of the Covenant to receive and consider communication from individuals claiming to be victims of violation of any of the rights set out in the Covenant.
7. The Republic of Cyprus has adopted a number of legislative measures which are necessary to give effect to this provision of the Convention. In particular the following Laws were enacted:
(a) The Legal Status of Children Born out of Wedlock (Ratification) Law, 1979 (Law No. 50 of 1979);
(b) Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (Ratification) Law, 1983 (Law No. 57 of 1983);
(c) Maternity Protection Law, 1987 (Law No. 54 of 1987);
(d) European Convention for the Protection of Human Rights (Fourth Protocol) (Ratification) Law, 1989 (Law No. 52 of 1989);
(e) First Amendment of the Constitution Law, 1989 (Law No. 95 of 1989);
(f) The Mentally Retarded Persons Law, 1989 (Law No. 117 of 1989);
(g) The Cyprus University Law, 1989 (Law No. 144 of 1989);
(h) Press Law, 1989 (Law No. 145 of 1989);
(i) The Central Youth Agency Law, 1989 (Law No. 154 of 1989);
(j) Equal Pay for Men and Women for Work of Equal Value Law, 1989 (Law No. 158 of 1989);
(k) The Public Service Law, 1990 (Law No. 1 of 1990 as amended by Law Nos. 71 of 1991 and 211 of 1991);
(l) Family Courts Law, 1990 (Law No. 23 of 1990);
(m) Radio Stations Law, 1990 (Law No. 120 of 1990);
(n) Universal Copyright Convention (Ratification) Law, 1990 (Law No. 151 of 1990);
(o) Parents and Children Relations Law, 1990 (Law No. 216 of 1990);
(p) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Ratification) Law, 1990 (Law No. 235 of 1990);
(q) Convention on the Rights of the Child (Ratification) Law, 1990 (Law No. 243 of 1990);
(r) Commissioner for Administration Law, 1991 (Law No. 3 of 1991);
(s) Convention concerning Minimum Standards of Security (Ratification) Law, 1991 (Law No. 158 of 1991);
(t) European Social Insurance Code (Ratification) Law, 1991 (Law No. 159 of 1991);
(u) Public Corporation (Evaluation of Freedom of Speech, Opinion and Civil Rights of Servants) Law 1990 (Law No. 155 of 1990 amended by Law No. 210 of 1991);
(v) Legal Status of Children Law, 1991 (Law No. 187 of 1991);
(w) Property Rights of Spouses (Regulation) Law, 1991 (Law No. 232 of 1991);
(x) Public Educational Service (Amendment) Law, 1991 (Law No. 251 of 1991);
(y) International Convention on the Elimination of All Forms of Racial Discrimination (Ratification) Law, 1967 (Amendment) Law, 1992 (Law No. 11 (III) of 1992) (see para. 81).
(z) Optional Protocol to the International Covenant on Civil and Political Rights (Ratification) Law, 1992 (Law No. 17 (III) of 1992).
8. In 1991 a Commissioner for Administration (Ombudsman) was appointed under the provisions of the Commissioner for Administration Law, 1991 (Law No. 3 of 1991). According to the provisions of section 5 of this Law, the Commissioner may investigate complaints involving allegations of illegality, violation of human rights and contravention of the principles of "proper administration" and good government, including breaches of natural justice and improper exercise of discretionary power. The appointment of a Commissioner for Administration opens for the citizens of the Republic another avenue for pursuing their rights.
9. In Part II of the present report each right recognized in the present Covenant shall be examined separately, setting out the corresponding provision of the Constitution as well as the legislative or other measures which are in force and which give effect to certain provisions of the Covenant. The answers to all the queries set out in paragraph 3, part I of the "General guidelines regarding the form and contents of reports from State parties under article 40 of the Covenant" shall be given in part II of this report.
10. Under article 183 of the Constitution of Cyprus the Government of Cyprus has power to declare by proclamation a state of emergency and suspend certain articles of the Constitution to the same effect as the provisions of article 4 of the Covenant. Yet, despite the devastating effects of the invasion of Cyprus by Turkey in 1974, no state of emergency was declared (see para. 26).
11. The Republic of Cyprus respects the right of all peoples to self-determination as defined in the Covenant (and which, as stated above, forms part of the municipal law of Cyprus). Furthermore, in accordance with paragraph 3 of article 1 of the Covenant, the Republic of Cyprus has, since its emergence from colonial rule in 1960, been in the vanguard of peoples fighting for the exercise of their right of self-determination and has supported them with all means at its disposal.
Paragraph 1
12. The equality of enjoyment and protection of human rights is safeguarded by the provisions of article 28 (2) of the Constitution of Cyprus which provides that "every person shall enjoy all the rights and liberties provided for in this Constitution without any direct or indirect discrimination against any person on the ground of his community, race, religion, language, sex, political or other convictions, national or social descent, birth, colour, wealth, social class, or on any ground whatsoever, unless there is express provision to the contrary in this Constitution".
13. As a result of the occupation of approximately 37 per cent of the territory of the Republic of Cyprus by the armed forces of Turkey, the Government of the Republic is prevented from exercising its authority over and assuring respect of human rights in the occupied area. Therefore, the information given in this report concerns only persons under the effective jurisdiction of the Republic of Cyprus.
Paragraph 2
14. The Republic of Cyprus has adopted a number of legislative measures which are necessary to give effect to this provision of the Convention. In particular the following laws are relevant:
(a) The Mentally Retarded Persons Law, 1989 (No. 117 of 1989). By this Law the rights of mentally retarded persons are reaffirmed, a committee is set up to supervise the implementation of the provisions of the Law, a fund is established for the purposes of the Law and mentally retarded persons are treated as infants for purposes of the administration of their property, if they are unable to administer it themselves;
(b) Commissioner for Administration Law, 1991 (Law No. 3 of 1991);
(c) International Convention on the Elimination of All Forms of Racial Discrimination (Ratification) Law of 1967 (Amendment) Law, 1992 (Law No. 11 (III) 1992). By this Law the Law ratifying the Convention is amended by the addition of a section under which a number of acts or activities promoting racial discrimination constitute offences;
(d) Optional Protocol to the International Covenant on Civil and Political Rights (Ratification) Law, 1992 (No. 17 (III) of 1992);
(e) Equal Pay for Men and Women for Work of Equal Value Law, 1989 (Law No. 158 of 1989).
15. The fact that acts promoting discrimination, hatred and violence constitute offences is no bar to civil proceedings for compensation. In fact, this may create a civil right which might not have existed before (sect. 67 of chap. 148 as amended by Law No. 87 of 1973).
Paragraph 3
16. The mere declaration of human rights without any provision for their enforcement would be purposeless. For this reason the Constitution of Cyprus not only defines the rights in clear language but also provides effective remedies for their enforcement. The legislative, executive and judicial authorities of the Republic shall be bound to secure within the limits of their respective competence the efficient application of the provisions relating to fundamental rights and liberties (art. 35 of the Constitution). Where a positive legislative action is required to be taken, the legislature has a constitutional duty to take such action and enact the law required. On the other hand, if the provision of any law is in any way contrary to or inconsistent with constitutional provisions, such law may, on the question being raised in any judicial proceedings by any party aggrieved, be declared by the Supreme Court as unconstitutional, in which case it becomes inapplicable to such proceedings (art. 144). Any such decision of the Supreme Court is binding on all courts, organs, authorities and persons in the Republic (art. 149).
17. If the fundamental rights of a person are violated by any administrative act or omission that person may apply to the administrative authority for redress under article 29 of the Constitution and if he does not get satisfaction he may have recourse to the Supreme Court for the annulment of such act or omission as being contrary to the provisions of the Constitution or of any law or as having been made in excess or abuse of power, and the Supreme Court may declare that act as null and void or that such omission ought to have been made and that whatever has been omitted should have been performed (art. 146 of the Constitution). Under paragraph 146 (6), in case of annulment of a decision, the person on whose application the decision was annulled is entitled to just and equitable compensation to be granted by a civil court on an action filed by him. Furthermore, the person aggrieved may resort to the Supreme Court for any of the prerogative orders of mandamus or quo warranto (art. 155 (4) of the Constitution).
18. If a person is aggrieved by a judicial act he may appeal to the Supreme Court and, further, he may apply for an order of certiorari or prohibition. Further, under article 172 of the Constitution, the Republic of Cyprus is liable to pay damages to any person who suffered damage caused by any wrongful act or omission committed in the exercise or purported exercise of the duties of officers or authorities of the Republic. This right of the individual is regulated by the Civil Wrongs Law (chap. 148 of the Laws of Cyprus). Further, the Civil Wrongs Law (chap. 148) gives the right to any person to claim damages against another person committing a civil wrong against him, e.g. in case of defamation, of assault, negligence, trespass, etc. Remedies in respect of infringement of all rights are given by competent courts established under the provisions of articles 152-155 of the Constitution and Laws 14 of 1960 and 33 of 1964.
19. There is adequate machinery through the courts for the enforcement of all legal remedies. Disobedience of an order of the court is punishable by imprisonment. Execution of civil judgements is regulated by the Civil Procedure Law (chap. 6 of the Laws of Cyprus) and the Civil Procedure Rules.
20. The Republic of Cyprus submitted in 1988 the tenth report with regard to the International Convention on the Elimination of All Forms of Racial Discrimination and will shortly submit the eleventh and twelfth reports.
21. The principle of equality of women and men and the prohibition of discrimination on the ground of sex is explicitly guaranteed in the Cyprus Constitution of 1960, article 28 of which reads as follows:
22. Cyprus became a State party to various international conventions which guarantee equal rights between women and men, including the following:
(a) International Covenant on Economic, Social and Cultural Rights (ratified by Law No. 14 of 1969);
(b) International Covenant on Civil and Political Rights (ratified by Law No. 14 of 1969);
(c) European Convention for the Protection of Human Rights and Fundamental Freedoms (ratified by Law No. 39/1962) and relevant protocols;
(d) European Social Charter (ratified by Law No. 64 of 1967);
(e) ILO Convention No. 111 on Discrimination (Employment and Occupation) (ratified by Law No. 3 of 1968);
(f) Convention on the Political Rights of Women (ratified by Law No. 107 of 1968);
(g) Convention against Discrimination in Education (ratified by Law No. 18 of 1970);
(h) Convention on the Nationality of Married Women of 1957 (the Convention had been ratified by Britain when Cyprus was a British colony and is in force in Cyprus since 1897, as there has been a notification of succession);
(i) Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (ratified by Law No. 57 of 1983);
(j) Convention on the Elimination of All Forms of Discrimination Against Women (ratified by Law No. 78 of 1985). This Convention has provided since its ratification the general framework for government policy in promoting the advancement of women in Cyprus;
(k) ILO Convention No. 100 on Equal Remuneration (ratified by Law No. 313 of 1987).
23. The Republic of Cyprus in its programme for the reform and modernization of the Family Law has enacted a number of new laws aiming, inter alia, at bringing domestic laws in line with the provisions of international conventions. These legal measures include the following:
(a) The Protection of Maternity Law, 1987 (Law No. 54 of 1987) which provides for maternity leave of 12 weeks' duration for all employed women with full pay, nursing breaks and the protection of pregnant women from dismissal and from work which may be detrimental to them or their child's health;
(b) The First Amendment of the Constitution Law of 1989 (Law No. 95 of 1989) which was made with a view to facilitating the reform and modernization of the Family Law. In particular, this Law amended article 111 of the Constitution according to which matters of marriage and divorce were governed exclusively by the law of the Church and the jurisdiction of these matters belonged to the ecclesiastical courts. The amendment of the Constitution made possible the enactment of the Family Courts Law 1990 (Law No. 23 of 1990) in consequence of which family courts were set up and all matters relating to family relations were transferred there;
(c) The enactment of Parents and Children Relations Law 1990 (Law No. 216 of 1990) ended the patriarchal authority established by the previous legislation regarding parental care. This care is now both a duty and a right of both parents, who exercise it jointly for the best interest of the child. This Law covers everything relating to the guardianship of the children, the administration of their property and their representation in all cases or legal acts concerning them or their property. If the parents disagree on the exercise of the parental care and the interest of the child makes it imperative for a decision to be taken, the decision is taken by the court on the application of either parent. In cases of divorce, annulment of marriage or separation of the parents, the court decides as to whom the parental care should be given. In such a case, the court takes into consideration, among other things, the interest of the child and also hears his/her views. The parental care of a child born out of wedlock belongs to the mother and, in case of legitimation, the father acquires parental care as well. The parental care can be taken away by the court on the application of one of the parents or of the Director of the Welfare Office. The Court can also appoint a guardian to whom the parental care is given;
(d) The Legal Status of Children Law, 1991 (Law No. 187 of 1991) was enacted in order to give effect to the provisions of the European Convention on the Legal Status of Children born out of Wedlock which was ratified by Law No. 50 of 1979. According to the provisions of this Law the legitimation procedures have been simplified with the aim of facilitating children born out of wedlock (the term "illegitimate children" is also abolished) to become members of a family and be afforded the same rights as other children;
(e) The Property Rights of Spouses (Regulation) Law, 1991 (Law No. 232 of 1991) was enacted with a view to granting equal rights and responsibilities to women and men with regard to the acquisition, administration and sharing of family property and the payment of maintenance by one spouse to the other spouse in the case of a separation or to the former spouse in the case of a divorce. Under this new Law the marital couple decide jointly on all matters relating to the marriage and each contributes to meeting the needs of the family in accordance with his/her means.
24. The Republic of Cyprus also enacted a law safeguarding the rights of women to equal pay for work of equal value under the title Equal Pay for Men and Women for Work of Equal Value Law of 1989 (Law No. 158 of 1989). It also enacted earlier in 1987 the Convention on Equal Pay for Work of Equal Value (Law No. 313 of 1987).
Domestic violence
25. As the victims of the phenomenon of domestic violence are usually the wives and the weaker members of the family, a bill was prepared in 1992 with a view to protecting such victims. It is hoped that this bill will be enacted into law in the current year. It provides in general for the prevention of violence in the family and the protection of the victims of such violence. In particular, under the bill:
(a) A number of offences involving violence are made aggravated offences if such violence is exercised by one to another member of the family;
(b) New offences are created;
(c) The court is empowered to issue probation orders with special requirements;
(d) The court can issue orders restraining the violent party from entering the family home;
(e) Reporting of the incident is made easier;
(f) The trial of such cases is expedited;
(g) There is provision for the appointment of family counsellors;
(h) There is provision for the setting up of an advisory council and of a fund.
26. As stated above, under article 183 of the Constitution the Government of the Republic of Cyprus has the power to declare by proclamation a state of emergency and suspend certain articles of the Constitution (to the same effect as the provisions of this article). It should be noted that Cyprus has never proclaimed a state of emergency since independence, not even when the country was invaded by Turkey and part of it was (and continues to be) occupied. Despite the devastating effects those events had to the normal life in general (thousands of people lost their lives and 40 per cent of the Greek Cypriot population were displaced) and the upheaval they caused to the administration and economy of the country in particular, yet the provisions of article 183 of the Constitution were not invoked.
27. The fundamental rights safeguarded by the Constitution may be subjected to reasonable restrictions or limitations in the public interest. However, the constitutional provisions relating to limitations or restrictions of the fundamental rights shall be interpreted strictly and shall not be applied for any purpose other than that for which they have been prescribed (art. 33 (2) of the Constitution). As decided by the Supreme Constitutional Court, "legislation involving interference with the Fundamental Rights and Liberties safeguarded under the Constitution ... and their construction, is governed by the settled principle that such provisions should be construed in case of doubt in favour of the said Rights and Liberties" (Case of Fina Cyprus Ltd. Nicosia v. The Republic (4 Records of the Supreme Constitutional Court at p. 33)).
28. Article 6 corresponds to article 7 of the Constitution which provides:
29. It is wider as it also protects corporal integrity and contains a limitation for the legislature which cannot impose the death sentence except in case of premeditated murder, high treason, piracy, jure gentium and capital offences under military law. True, no provision is made about the crime of genocide in the Constitution as in paragraph 3 of this article. As regards paragraph 4, article 53 of the Constitution provides that the President has the right to exercise the prerogative of mercy with regard to persons who are condemned to death and in such a case the death sentence is commuted to life imprisonment. Also, it provides that the President shall on the recommendation of the Attorney-General remit, suspend or commute any sentence passed by a court in all other cases. The prerogative of mercy is neither an executive nor an administrative act in the sense of article 146 of the Constitution, therefore it is not subject to judicial review.
30. As regards paragraph 5 of this article, under the Criminal Code (chap. 154, section 27 (2)), the death penalty cannot be passed on persons under the age of 16. By section 27 (3) of the same Code the death sentence shall not be passed on a pregnant woman.
31. In 1983 the death penalty for premeditated murder was abolished and was substituted by mandatory life imprisonment (Law No. 86 of 1983). It should be noted that despite the fact that the death penalty was retained until 1983, there has only been one execution since 1960. It was in 1962. Death sentences imposed by the Court since 1962 were always commuted to life imprisonment by the exercise of the presidential prerogative of mercy, and since 1978 the penalty has not been pronounced.
32. In late 1990 the Military Criminal Code and Procedure Law (Law No. 40 of 1964) was also amended by the abolition of the death penalty for a number of military offences (Amending Law No. 238 of 1990). It is retained only for extremely serious offences during wartime or other circumstances of emergency and, by express provision, it does not constitute a mandatory sanction and is imposed, where guilt is proven, at the discretion of the Court. It may be substituted by imprisonment for life or for a shorter period. It should be noted that no death sentences have ever been imposed under the Military Criminal Code and Procedure Law.
33. The reason for retaining capital punishment for the most serious military crimes is connected with the highly anomalous situation which has been caused by the Turkish invasion and occupation of a large part of our country since 1974.
34. The competent authorities are contemplating the amendment of the context of these military offences so as to enable the Republic to become a party to Protocol No. 6 to the European Convention on Human Rights and the Second Optional Protocol to the International Covenant on Civil and Political Rights.
35. The capital offences under Military Criminal Code are:
(a) Section 13 - Treason;
(b) Section 14 - Surrender of entrusted post by military commander;
(c) Section 15 (a) - Capitulation in an open place by commander of armed military unit;
(d) Section 42 (2) - Instigating and/or leading a revolt within armed forces;
(e) Section 70 (1) - Transmission of military secrets to a foreign State or spy or agent;
(f) Section 95 (2) - Inciting and/or leading a revolt among prisoners of war;
There is no record that charges were ever made under any of the above provisions.
36. Article 7 corresponds to article 8 of the Constitution which provides that "No person shall be subjected to torture or to inhuman or degrading treatment or punishment".
37. The subjection of any person to medical or scientific experimentation without his consent constitutes both a crime and a civil wrong entitling the person injured to claim damages by a civil action.
38. The Republic of Cyprus has ratified the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment by enacting Law No. 24 of 1989. The Republic of Cyprus has also ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 by enacting Law No. 235 of 1990. In that Law there are specific provisions making torture an offence punishable according to the degree of aggravating circumstances in each case. In particular, section 3 of the Law provides:
(a) Any person subjecting another person to torture is guilty of an offence and is liable:
(i) To imprisonment for three years;
(ii) To imprisonment for 10 years if he causes serious bodily injury to the tortured person or uses means or methods of systematic torture;
(b) If the person responsible for torture is a public officer or person acting under his official capacity he is liable:
(i) To imprisonment for five years;
(ii) To imprisonment for 14 years if there exists the aggravating circumstance referred to in paragraph (ii) of subsection (a) above;
(c) If as a consequence of torture the tortured person dies, the person responsible for the torture is liable to imprisonment for life;
(d) For the purposes of this section the word "torture" has the meaning assigned to it in article 1 of the Convention.
39. The Republic of Cyprus on 10 March 1993 made a declaration under articles 21 and 22 of the Convention recognizing the competence of the Committee established under article 17 of the Convention:
(a) To receive and consider communications to the effect that a State party claims that another State party is not fulfilling its obligations under the Convention (art. 21), and
(b) To receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State party of the provisions of the Convention (art. 22).
40. This article corresponds to article 10 of the Constitution which provides that:
"1. No person shall be held in slavery or servitude.
"2. No person shall be required to perform forced or compulsory labour.
41. Section 254 of the Cyprus Criminal Code (chap. 154) provides that "any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour and is liable to imprisonment for one year".
42. The Slave Trade Act of 1824 (English Act of Parliament) is applicable in Cyprus by virtue of the provisions of the Slave Trade Act, 1843 (sect. 9 of the Slave Trade Act 1824 is applicable to the British Dominions by virtue of its own provisions). It provides that "any person residing in any of the British Dominions present or future [Cyprus became a British Colony after that date] who knowingly carries away or conveys any person as a slave or for the purpose of being imported as a slave to any place or to be sold or dealt with as a slave or knowingly and wilfully ships or retains or confines in a ship any person as a slave, or for any such purpose, commits piracy". Piracy under the foregoing Act is a felony punishable by imprisonment for life or, if accompanied by assault with intent to murder any person on or belonging to the ships or wounding or endangering the life of any person, by death. Cyprus is already a party to the Slavery Conventions of 1926 and 1956. It has also ratified the International Labour Organisation Convention concerning the abolition of forced labour.
43. This article corresponds to article 11 of the Constitution which provides that:
"1. Every person has the right to liberty and security of person.
"(f) the arrest or detention of a person to prevent him effecting an unauthorised entry into the territory of the Republic or of an alien against whom action is being taken with a view to deportation or extradition.
44. There is no risk of any person being deprived of his liberty in any other case, as the provisions of article 11 enumerate exhaustively all cases where the arrest or detention of a person is possible under the law (case of Kyriakides v. the Republic (Records of the Supreme Constitutional Court 66). Furthermore, the powers of arrest by the police or by individuals are regulated by the Criminal Procedure Law (chap. 155) in accordance with article 11 of the Constitution.
45. The corresponding article in the Constitution is article 8 which guarantees the dignity of man.
46. Under the Prisons Law and Regulations made thereunder accused persons are segregated from convicted persons and are subject to separate treatment appropriate to their status.
47. Accused juvenile persons, whether detained in prison or police stations, are always separated from adults. By article 30 (2) of the Constitution accused persons are to be tried within a reasonable time.
48. The essential aim of the penitentiary system in the Republic of Cyprus is, under the Prison Regulations (enacted between 1958 and 1973), the reform and social rehabilitation of the prisoners. Under the same regulations juvenile offenders are segregated from adults and are accorded treatment appropriate to their age and legal status. The Courts of Cyprus have on many occasions warmly and favourably commented on the penitentiary system of Cyprus.
49. The Ministry of Justice and Public Order is considering a revision of the legislation regarding prisons, prisoners and discipline. A bill is at the final stage of preparation. Provision is made in the bill, inter alia:
(a) For the prisoner, under guard or with a permit, to attend family functions (an improvement of the existing system);
(b) For leave to arrange for prisoners' future occupation;
(c) For private meetings of prisoners with their spouse (a new provision).
50. No person is imprisoned in Cyprus for inability to fulfil a contractual obligation. In Cyprus a person can only be imprisoned for a civil debt under the provision of part VIII of the Civil Procedure Law (chap. 6). However, that provision is quasi-penal in the sense that the debtor is not imprisoned because of his inability to pay his debt but because he has (or had) the means to pay the debt and refuses or neglects to do so. Moreover, the imprisonment is terminated at the request of the creditor or when the debt is paid. Also, the creditor has to pay for the subsistence of the debtor during his detention.
51. The constitutionality of this part of the Law was the subject of a decision of the Supreme Constitutional Court in the case of Kaitanis v. Makris (3 Records of the Supreme Constitutional Court 14). In short, it was held that a wilful evasion of a judged debtor to pay his debt amounted to his "non-compliance with a lawful order of the court" in the sense of article 11.2 of the Constitution.
52. This article corresponds to articles 13 and 14 of the Constitution. Article 13 provides that: "1. Every person has the right to move freely throughout the territory of the Republic and to reside in any part thereof subject to any restrictions imposed by law and which are necessary only for the purposes of defence or public health or provided as punishment to be passed by a competent court. 2. Every person has the right to leave permanently or temporarily the territory of the Republic subject to reasonable restrictions imposed by law". Article 14 provides that "No citizen shall be banished or excluded from the Republic of Cyprus". This constitutional protection against banishment or exclusion from the Republic is given only to citizens and not to aliens.
53. Article 32 of the Constitution provides that nothing in this part (i.e. part II dealing with fundamental rights and liberties) shall preclude the Republic from regulating any matter relating to aliens in accordance with international law.
54. Deportation of aliens is only permissible under the provisions of section 14 of the Aliens and Immigration Law (chap. 105) which enumerates the cases in which the "appropriate organ" (the Chief Immigration Officer) can make a deportation order after a proper inquiry into the case. Deportation orders are mostly made on grounds of public interest, such as the protection of peace, good order, good government, public morals, public security, etc. A deportation order can be challenged by a recourse to the Supreme Court of Cyprus under article 146 of the Constitution, by the alien concerned.
55. This article corresponds to the following articles of the Constitution:
(a) Article 28 (1): "All persons are equal before the law, the administration and justice and are entitled to equal protection thereof and treatment thereby.";
(b) Article 12 (2): "A person who has been acquitted or convicted of an offence shall not be tried again for the same offence. No person shall be punished twice for the same act or omission except where death ensues from such act or omission.";
(c) Article 12 (3): "No law shall provide for a punishment which is disproportionate to the gravity of the offence.";
(d) Article 12 (4): "Every person charged with an offence shall be presumed innocent until proved guilty according to law.";
(e) Article 12 (5): "Every person charged with an offence has the following minimum rights:
(f) Article 30 (2): "In the determination of his civil rights and obligations or of any criminal charge against him, every person is entitled to a fair and public hearing within a reasonable time by an independent, impartial and competent court established by law. Judgement shall be reasoned and pronounced in public session, but the press and the public may be excluded from all or any part of the trial upon a decision of the court where it is in the interest of the security of the Republic or the constitutional order or the public order or the public safety or the public morals or where the interests of juveniles or the protection of the private life of the parties so require or, in special circumstances where, in the opinion of the court, publicity would prejudice the interests of justice."
56. The Criminal Procedure Law (chap. 155) and the Civil Procedure Rules, as regards the procedure to be followed in criminal and civil proceedings, comply with the provisions of this article of the Covenant.
57. As regards legal assistance, by section 64 of the Criminal Procedure law (chap. 155) the court may assign an advocate to defend the accused at the trial or at the hearing of an appeal from a judgement of an Assize Court if the gravity, difficulty or other circumstances make it desirable in the interests of justice. The duty of the court to assign an advocate is imperative in the case of an undefended person charged with an offence punishable with death. The remuneration of an advocate assigned by the court is paid out of public funds, the amount being determined by the court on scales fixed from time to time by the Supreme Court. In practice, the absence of a general scheme of legal aid has not been a source of injustice in criminal cases.
58. Under section 65 of the Criminal Procedure Law (chap. 155) the evidence, oral and other, must be interpreted in the language understood by the accused.
59. By section 74 (1) (c) of the Criminal Procedure Law (chap. 155) the accused may, if he so elects, remain silent and refrain from making a statement, sworn or unsworn. A confession is only admissible if it is the result of the free will of the accused to admit his guilt.
Paragraph 4
60. Juvenile persons are tried by juvenile courts in camera, in accordance with the provisions of the Juvenile Offenders Law (chap. 157, sects. 5 and 10).
Paragraph 5
61. Everyone convicted of a crime has the right to appeal to the Supreme Court both against conviction and/or sentence (Criminal Procedure Law, chap. 155 and the Courts of Justice Laws 14/60 and 33/64) and the appeal is dealt with by way of rehearing. In 1991 the Court of Justice Law No. 14 of 1960 was amended by Law No. 136 of 1991 so as to make the Assize Court one of regular session rather than of periodic session as it was in the past. This expedited the trial of civil as well as criminal cases owing to the fact that regularity is assured for this jurisdiction and there is no disruption of the schedule of work of other jurisdictions. The judges of which the Assize Court is composed serve for a period of two years, whereas before the judges were different for every session of this court. There were three sessions every year.
62. Also to expedite trials the number of judges was increased in 1991 from 34 to 45 (Courts of Justice (Amendment) Law 1991 (Law No. 237 of 1991)).
63. In 1989 a commission was set up with a view to inquiring into the administration of justice and making suggestions for improving the system. The commission, which was under the chairmanship of a Supreme Court judge, found that, in general, there were no delays in the trial of criminal cases.
64. Delays in criminal trials were strongly criticized in a number of decisions of the Supreme Court. In Efstathiou v. the Police (Criminal Appeal No. 5258 of 21 June 1990) the court went so far as to quash a conviction on the ground of delay. It held that the delay noted in the investigation and in the hearing of the case was contrary to article 30.2 of the Constitution.
65. It must also be mentioned that by an amendment of the Criminal Procedure Law, chapter 155, effected in 1991 by Law No. 142 of 1991 the right has been given to accused persons to be supplied with copies of all statements of witnesses and documents taken during the investigation of the case.
66. This article corresponds to article 12 (1) of the Constitution which provides that "1. No person shall be held guilty of any offence on account of any act or omission which did not constitute an offence under the law at the time when it was committed; and no person shall have a heavier punishment imposed on him for an offence other than that expressly provided for it by law at the time when it was committed."
67. Under the Constitution of Cyprus the fundamental rights of the individual are guaranteed to everyone as a person irrespective of whether he is a citizen of the Republic.
68. There are corresponding provisions in articles 15, 16 and 17 of the Constitution which are as follows:
(a) Article 15.
"1. Every person has the right to respect for his private and family life.
"2. There shall be no interference with the exercise of this right except such as is in accordance with the law and is necessary only in the interests of the security of the Republic or the constitutional order or the public safety or the public order or the public health or the public morals or for the protection of the rights and liberties guaranteed by this Constitution to any person."
(b) Article 16.
"1. Every person's dwelling house is inviolable.
"2. There shall be no entry in any dwelling house or any search therein except when and as provided by law and on a judicial warrant duly reasoned or when the entry is made with the express consent of its occupant or for the purpose of rescuing the victims of any offence of violence or of any disaster."
(c) Article 17.
"1. Every person has the right to respect for, and to the secrecy of, his correspondence and other communication if such other communication is made through means not prohibited by law.
"2. There shall be no interference with the exercise of this right except in accordance with the law and only in cases of convicted and unconvicted prisoners and business correspondence and communication of bankrupts during the bankruptcy administration."
69. There are also statutory provisions which protect the honour and reputation of any person such as the Civil Wrongs Law, chapter 148, sections 17 to 22, which deal with defamation and entitle the injured person to damages. Also, the Criminal Code Law, chapter 154, sections 194 to 202 deal with criminal libel which is considered as a criminal offence punishable with two years' imprisonment. In addition, under section 280 of the Code, the entry upon the property of another with intent to commit an offence is termed "criminal trespass" and is punishable with two years' imprisonment. Also, the Post Office Law, chapter 3030, sections 31 and 32 protect the secrecy of correspondence and make the violation of such secrecy a criminal offence. The Telegraphs Law, chapter 305, sections 15 and 16 protect the secrecy of telegrams.
70. The Republic of Cyprus, after having ratified the United Nations Convention against Illicit Traffic of Narcotic Drugs and Psychotropic Substances (Law No. 49 of 1990), embarked on an intensive and systematic revision of the legislation pertaining to the implementation of the provisions of the Convention. One of the measures which was considered as very effective in the fight against drugs was the surveillance of telephone and other communications (wire and telephone tapping). The enactment of a law was considered necessary for the purpose of making legal the surveillance of such communications under strict judicial control, but unfortunately owing to the very strict phrasing of article 17 of the Constitution, the enactment of such legislation could only be very restrictive and in particular possible in the cases of bankrupts and of convicted or unconvicted persons. Despite these restrictions a bill has been prepared making the surveillance of communication and the interference with correspondence permissible only in the case of bankrupts and convicted or unconvicted prisoners, always under strict and well-defined judicial control. The bill has been forwarded for enactment.
71. Another bill which is in the process of enactment is a bill for a law providing for information on public matters and the protection of official documents. This bill strikes a balance between, on the one hand, the right of the citizen to be informed about the administration and other public matters and, on the other hand, the right of the State to secrecy on matters of a sensitive nature including the protection of information relating to the private life of citizens.
72. An important decision of the Supreme Court regarding privacy is the case Police v. Georgiades (Cyprus Law Reports 1983, part 2, p. 33), where it was held that the evidence of a prosecution witness concerning what he had heard by means of an electronic device regarding a conversation between the accused in the case and a third person is inadmissible in the light of the provisions of 15, 17, and 35 of the Constitution.
73. This corresponds to article 18 of the Constitution which provides that:
74. This article corresponds to article 19 of our Constitution which provides as follows:
Restrictions are imposed by law in Cyprus but only within the limits allowed by the Constitution.
75. In 1989 a new Press Law was enacted (Law No. 145 of 1989). Under this Law a Press Council is set up, empowered to protect and promote the freedom and independence of the press in Cyprus. According to the provisions of section 7 of the same Law, journalists have a right to seek, receive and impart information.
76. A draft bill has been prepared entitled "Information and Official Documents Law", the aim of which is to grant individuals the right of information and right of access to official documents and, at the same time, to protect those documents which are considered confidential (see para. 71). This bill will shortly be submitted to the Council of Ministers for consideration.
77. In 1990 a law was enacted under the title "The Radio Stations Law 1990" (Law No. 120 of 1990) under which provision is made for the democratic establishment and operation of radio stations.
78. As to the rights of public servants, education officers and officials of public corporations (see below under art. 26).
79. Section 40 of the Criminal Code (chap. 154) provides that "any person who, without lawful authority, carries on, or makes preparation for carrying on, or aids in or advises the carrying on of, in preparation for, any war or warlike undertaking with, from, by or against, any section, race or body of persons in the Republic, is guilty of a felony and is liable to imprisonment for life."
80. The following sections of the Criminal Code (chap. 154) are relevant:
81. A recent legislative development regarding acts amounting to incitement to discrimination, hostility, hatred, and violence on account of ethnic or racial origin or for religious reasons is the enactment of Law No. 11 (III) of 1992 which amended the International Convention on the Elimination of All Forms of Racial Discrimination (Ratification) Law of 1967 (No. 12 of 1967).
The amendment of the Law was effected by adding a section creating a number of offences relating to acts amounting to racial discrimination. The text of the Law is as follows:
82. These articles correspond to article 21 of the Constitution which provides that:
83. Relevant laws regulating the rights safeguarded by these articles are:
(a) The Trade Union Laws;
(b) The Societies and Institutions Law;
(c) The Clubs (Registration) Law (chap. 112);
(d) The Cooperative Societies Laws;
(e) The Companies Law (chap. 113);
(f) Sections 70 to 79 of the Criminal Code (chap. 154) provide against unlawful assemblies, riots and other criminal offences against the common peace.
84. The corresponding article in the Constitution is article 15 (1) which provides that "1. Every person has the right to respect for his private and family life."
Paragraphs 2 and 3
85. The corresponding article in the Constitution is article 22 (1) which provides that "1. Any person reaching nubile age is free to marry and to found a family according to the law relating to marriage, applicable to such person under the provisions of this Constitution."
86. The Republic of Cyprus proceeded in 1989 to amend for the first time its Constitution and in particular article 111 according to which matters of marriage and divorce were governed exclusively by the law of the Church and the jurisdiction of these matters belonged to the ecclesiastical courts. The amendment of the Constitution made possible the enactment of the Family Courts Law 1990 (Law No. 23 of 1990) in consequence of which family courts were set up in which relevant matters of family relations were transferred. (See also para. 23.)
87. Under section 40 of the Courts of Justice Law 1960 (Law No. 14 of 1960), a competent court has power to order the father of a child who neglects to maintain his child, before or after the dissolution of a marriage, to pay a sum of money for the maintenance and education of the child, as in the circumstances is reasonable.
88. The Children Law (chap. 352) provides for the protection and welfare of children in need of care, such as orphans, deserted children, etc. and for the assumption of parental authority by the Director of the Welfare Department, which is a government department, in proper cases. The same Law also provides for the periodical payment, by a father or mother of a child taken under the care of the Director, of sums of money for the child's maintenance.
89. The Guardianship of Infants and Prodigals Law (chap. 277) provides for the guardianship of the person and/or property of the infant or prodigal in their best interests. This Law has been repealed and substituted by the Parents and Children Relations Law 1990 (Law. No. 216 of 1990) which contains similar, improved provisions (see para. 23). The part of the Law relating to the administration of the properties of prodigals has been repealed. Also, the Illegitimate Children Law contains provisions for the legitimation of children born out of lawful wedlock either by subsequent marriage of the child's parents or by order of the court. (TRANS. NOTE: "PRODIGAL" IS DEFINED AS "A PERSON WHO BY REASON OF HIS PROFUSE OR WASTEFUL EXPENDITURE IS NOT ENTITLED TO ADMINISTER HIS OWN PROPERTY")
90. The Republic of Cyprus has ratified the Convention on the Legal Status of Children Born out of Wedlock. The Convention was ratified by the enactment of Law No. 50 of 1979 (see paras. 5 and 23). Certain provisions of the Convention are self-executing and were so found in the case of Malachtou v. Armeftis and another (Civil Appeal No. 6616 of 20 January 1987). Provision is also made for the payment by the putative father of a child born out of lawful wedlock of sums of money towards the child's maintenance by order of the court (affiliation order).
91. The Births and Deaths Law (chap. 275) imposes a duty on the father or mother or, in default of father and mother, of the doctor or midwife, etc. to give to the Commissioner of the District information concerning the birth of a child for registration.
92. Under the Citizenship of the Republic Law 1967 (Law No. 43 of 1967) all children acquire automatically the nationality of the father at the time of birth.
93. Under the education laws of Cyprus, elementary education is compulsory up to the age of 12 and free education in secondary schools is afforded in the three lower forms. By a recent law (20 May 1993, not yet published) the age of compulsory education was raised to 15 and free education is offered for all forms of secondary education.
94. The Republic of Cyprus has ratified the Convention on the Rights of the Child (Law No. 243 of 1990) and is taking all necessary steps for the implementation of the provisions of the Convention.
95. In 1992 Cyprus acquired its first university (The Cyprus University Law 1989, Law No. 144 of 1989). The education for citizens of the Republic is substantially subsidized and it becomes virtually free for good students under a generous scheme of financial assistance.
96. The rights safeguarded by the provisions of this article are guaranteed by the provisions of articles 31, 63 and 64 of the Constitution of Cyprus:
"(a) is a citizen of the Republic;
"(b) has attained the age of twenty-five years;
"(d) is not suffering from a mental disease incapacitating such person from acting as a Representative."
The Electoral Law of Cyprus regulates the exercise of the above constitutional rights.
97. The right of every citizen to have access, on general terms of equality, to public service in Cyprus, was regulated by the Public Service Law 1967 (Law No. 33 of 1967) and is now regulated by the Public Service Law 1990 (Law No. 10 of 1990) by which the previous Law is repealed (see also para. 101).
98. No person shall be qualified to be registered as an elector who is disqualified for such registration by virtue of the Electoral Law.
99. In 1991 the Republic enacted a law for the appointment of a Commissioner for Administration which is yet another improvement of the protection of the rights of citizens safeguarded under this article of the Convention (see para. 7).
100. There is a corresponding provision in article 28 (1) of the Constitution which provides that "all persons are equal before the law, the administration and justice and are entitled to equal protection thereof and treatment thereby".
101. In 1990 a new Law was enacted regulating matters relating to the public service, the appointment, transfer, promotion and retirement of public servants and their rights, duties and responsibilities. The Law, entitled Public Service Law 1990 (Law No. 1 of 1990), safeguards the political rights of public servants. Subject to certain reasonable and necessary constraints, a public servant can freely express his political views, belong to political parties and participate in political rallies but cannot use his official position or influence or do any act aiming at influencing the political views of other people. Provision is made as to the procedure a public servant can follow in case he wishes to be a candidate for the presidency or the House of Representatives.
102. The same political rights given to public servants under Public Service Law 1990 were also given to education officers by the Educational Service Law of 1969 (as amended in 1991 by Law No. 251 of 1991). The rights of education officers are subject virtually to the same restrictions as the rights of the public servants (sect. 60 of Law No. 251 of 1991). In respect of this Law the President of the Republic under the provisions of article 140 of the Constitution referred to the Supreme Court for its opinion as to whether the restrictive provisions regarding the rights of education officers under the Law were contrary to certain articles of the Constitution (arts. 21.2, 28, 35, 46, 54, 58, 61 and 179). The Supreme Court decided that the Law was not contrary to the provisions of the Constitution (Reference No. 3 of 1991 dated 13 December 1991).
103. In 1990 yet another Law was enacted under the title Public Corporation (Evaluation, Freedom of Expression of Opinion and Political Rights of Servants) Law 1990 (Law No. 155 of 1990) and was amended by Law No. 210 of 1991. This Law gives to the servants of public corporations the same political rights as those enjoyed by public servants and education officers.
104. In this connection it must be mentioned that at present there is a bill pending, providing for the administration of the estates of persons disabled for any reason, mental, physical or other, from administrating their own estates or managing their own affairs. The enactment of this bill into law will give the courts power to appoint administrators in such cases or to sanction acts performed on behalf of disabled persons including the testamentary disposition of property; such persons will therefore enjoy equality in the exercise of their rights despite their disabilities.
105. The corresponding articles in the Constitution are:
(a) Article 18 (about religion, which was set out above);
(b) Article 20 which provides that:
Article 6 of the Constitution provides that "no law or decision of the House of Representatives and no act or decision of any organ, authority or person in the Republic exercising executive power or administrative functions shall discriminate against the two communities or any person as a person or by virtue of being a member of a community.
106. The Republic of Cyprus is very conscious and very sensitive regarding the respect of human rights, and the effort for giving effect to all conventions safeguarding such rights is continuous and intensive. In this respect it must be mentioned that the Council of Ministers in a recent decision authorized and entrusted the Law Commissioner to prepare the reports which are periodically submitted to the committees set up under the provisions of the various Conventions and also to keep the domestic legislation under constant review for the purpose of its harmonization with the provisions of the Conventions. The Law Commissioner in the execution of the above duties must act in cooperation with the Ministry of Foreign Affairs, the Ministry of Justice and Public Order, the Attorney-General, the Commissioner for Administration and other Ministries involved.
1. The Government of the Republic of Cyprus regrets to state that it continues to be unable to ensure the enjoyment of the rights recognized in the Covenant by all individuals throughout the territory of the Republic. In fact, it is still prevented, by the use of force, from applying the provisions of the Covenant to the Greek and Turkish Cypriots living in the territory of the Republic of Cyprus, which continues to be under the unlawful military occupation and effective control of Turkey as a consequence of the 1974 invasion.
2. Since the 1974 Turkish invasion and the occupation of about 37 per cent of the territory of the Republic of Cyprus, Turkey continues to violate the human rights and fundamental freedoms of the people of Cyprus as a whole.
3. Since the first periodic report of Cyprus, submitted in May 1978, both the General Assembly and the Security Council of the United Nations, as well as the Commission on Human Rights and the Sub-Commission on Prevention of Discrimination and Protection of Minorities, have adopted numerous decisions and resolutions, containing provisions on all aspects of the Cyprus problem, including human rights.
4. By resolution 33/15 of 9 November 1978, the General Assembly demanded the immediate and effective implementation of resolution 3212 (XXIX), unanimously adopted by the General Assembly and endorsed by the Security Council in its resolution 365 (1974) of 13 December 1974; demanded the immediate withdrawal of all foreign armed forces and foreign military presence from the Republic of Cyprus and called for respect of the human rights of all Cypriots and the instituting of urgent measures for the voluntary return of the refugees to their homes in safety.
5. To the same effect are the provisions of resolution 34/30 of 20 November 1979 by the General Assembly, which also affirmed the right of the Republic of Cyprus and its people to full and effective sovereignty and control over the entire territory of Cyprus and its natural and other resources and called upon all States to support and help the Government of Cyprus to exercise the above-mentioned rights.
6. The General Assembly, in its resolution 37/253 of 13 May 1983, reiterated all the provisions of previous resolutions and, in addition, condemned any act which tended to undermine the full and effective exercise of the rights of the Republic of Cyprus and its people, including the unlawful issue of titles of ownership of property; it considered the withdrawal of all occupation forces from the Republic of Cyprus as an essential basis for a speedy and mutually acceptable solution of the Cyprus problem; it demanded the immediate withdrawal of all occupation forces from the Republic of Cyprus and it called for respect of the human rights and fundamental freedoms of all Cypriots, including the freedom of movement, the freedom of settlement and the right to property, and the instituting of urgent measures for the voluntary return of the refugees to their homes in safety.
7. Following the purported declaration of independence in the occupied part of Cyprus the Security Council adopted on 18 November 1983 resolution 541 (1983) which, inter alia, deplored the declaration of the purported secession of part of the Republic of Cyprus, considered the declaration as legally invalid and called for its withdrawal, called for the urgent and effective implementation of its resolutions 365 (1974) and 367 (1975) and called on all States not to recognize any Cypriot State other than the Republic of Cyprus.
8. The Security Council was again seized on 11 May 1984 following new threats to colonize the Greek sector of the city of Famagusta and further secessionist acts. The Security Council by resolution 550 (1984) condemned all secessionist actions, including the purported exchange of ambassadors between Turkey and the secessionist entity, declared them illegal and invalid and called for their immediate withdrawal, reiterated the call upon all States not to recognize the purported State of the "Turkish Republic of Northern Cyprus" set up by the secessionist acts and called upon them not to facilitate or in any way assist the aforesaid secessionist entity. The resolution also considered attempts to settle any part of Varosha by people other than its inhabitants as inadmissible and called for the transfer of this area to the administration of the United Nations.
9. The General Assembly also adopted a number of resolutions on the question of missing persons in Cyprus. A total of 1,619 Greek Cypriots, who in most cases were seen alive in the hands of the Turks well after the cessation of the hostilities in August 1974, have not been seen since and their fate remains unknown. The General Assembly, in its resolution 3450 (XXX) of 9 December 1975, expressed concern "about the fate of a considerable number of Cypriots who are missing as a result of armed conflict in Cyprus" and reaffirmed "the basic human need of families in Cyprus to be informed about missing relatives". The General Assembly, in resolution 37/181 of 17 December 1982, expressing concern that the Committee on Missing Persons in Cyprus, the establishment of which had been announced on 22 April 1981, had failed to overcome procedural difficulties and had achieved no progress towards the commencement of its investigative work, invited the Working Group on Enforced or Involuntary Disappearances of the Commission on Human Rights to recommend ways and means of overcoming the pending procedural difficulties of the Committee.
10. The Commission on Human Rights and the Sub-Commission on Prevention of Discrimination and Protection of Minorities have also adopted a number of resolutions since 1975 on the violation of human rights in Cyprus.
11. The Commission on Human Rights, by its resolution 4 (XXXI) of 13 February 1975, called upon all parties concerned to adhere strictly to the principles of the Charter of the United Nations, international instruments in the field of human rights and the relevant resolutions of the General Assembly and the Security Council and to undertake urgent measures for the return of all refugees to their homes in safety; it also called for the intensification of efforts aimed at tracing and accounting for missing persons.
12. In its resolution 4 (XXXII) of 27 February 1976 the Commission renewed its call upon the parties concerned to undertake urgent measures to facilitate the voluntary return of all refugees and displaced persons to their homes in safety and to settle all other aspects of the refugee problem, and urged all parties to refrain from unilateral actions in contravention of the relevant United Nations resolutions, including changes in the demographic structure of Cyprus.
13. Resolution 17 (XXXIV) of the Commission adopted on 7 March 1978 reiterated all the previous provisions. In resolution 1987/50 adopted on 11 March 1987 the Commission, expressing alarm by the fact that changes in the demographic structure of Cyprus were continuing with the influx of great numbers of settlers, reiterated its previous calls for the full restoration of all human rights to the population of Cyprus, in particular to the refugees; considered attempts to settle any part of Varosha by people other than its inhabitants as illegal; called for the tracing and accounting for missing persons in Cyprus without any further delay; and called for the restoration and respect of the human rights and fundamental freedoms of all Cypriots, including the freedom of movement, the freedom of settlement and the right to property.
14. Finally, the Sub-Commission on Prevention of Discrimination and Protection of Minorities, in its resolution 1987/19 adopted on 2 September 1987, considering that the withdrawal of all foreign armed forces from the Republic of Cyprus would contribute to the restoration of human rights and fundamental freedoms of all Cypriots, demanded the full restoration of all human rights to the whole population of Cyprus, including the three freedoms; expressed its great concern and anguish about the fate of the missing persons; expressed its concern also at the policy and practice of the implantation of settlers in the occupied territories of Cyprus, which constituted a form of colonialism and an attempt to change illegally the demographic structure of Cyprus.
15. Turkey, in utter disregard of the aforesaid resolutions, has not yet withdrawn its armed forces and continues to occupy nearly 37 per cent of the territory of the Republic of Cyprus.
16. The Turkish invasion and the military occupation of part of the territory of Cyprus has brought about the collective denial of all human rights and fundamental freedoms of the people of Cyprus. For occupation per se constitutes a negation of all these rights, high among them the right to self-determination as recognized by article 1 (1) of the Covenant, i.e. the right of all peoples "to freely determine their political status and freely pursue their economic, social and cultural development".
17. Moreover, Turkey, by its continuing occupation and its policy of ethnic cleansing as regards the occupied area of Cyprus, namely the forcible uprooting of the indigenous Greek-Cypriot population from these areas, the refusal to allow them to return, the implantation of settlers from Turkey aimed at changing the demographic structure of Cyprus, the destruction of the cultural heritage of the occupied areas, etc. aims at creating by artificial means a Turkish-populated area, in furtherance of Turkey's policy for the geographical separation of the two communities, the secession of the occupied part and its ultimate annexation to Turkey.
18. The above acts of Turkey, backed by the might of its military machine, which is in full control of the occupied area, make it absolutely impossible for the Government of Cyprus to fulfil its obligations under a series of provisions of the Covenant.
19. We set out below some of the measures taken by Turkey which continue to have the effect of preventing the enjoyment by thousands of people in Cyprus of their rights as recognized by the Covenant.
20. Turkey continues to prevent about 200,000 Greek Cypriot inhabitants of the occupied areas, who were forcibly expelled in 1974 and afterwards, from returning to their homes. Turkey also forced almost all the remaining Greek Cypriots in the occupied area (20,000 in August 1974) to leave their homes and to take refuge in the Government-controlled area. Between 27 August 1974 and December 1992 over 19,000 Greek Cypriots were forced to sign "applications" and leave the occupied area. These acts constitute a denial of the rights guaranteed in articles 12 (10) and 17 (1) of the Covenant.
21. It should be mentioned in this respect that the European Commission on Human Rights, in its report on the Third Recourse of the Government of Cyprus against the Government of Turkey, found Turkey responsible for the displacement of persons. More specifically, the Commission concluded that "by her refusal to allow over 170,000 Greek Cypriots to return to their homes in the north of Cyprus, Turkey continues to violate Art. 8 in all these cases". (Part IV - Conclusions, Report of the European Commission on Human Rights on Application No. 8007/77). The Commission further "confirmed the finding made in its Report on the previous applications, that displaced Greek Cypriots in the south part of Cyprus are physically prevented from returning to the northern area as a result of the fact that the demarcation line across Cyprus is sealed off by the Turkish army". (Para. 133 of the above Report.)
22. As a result of the Turkish invasion and occupation, approximately 20,000 Greek Cypriots remained in their villages in the occupied area in the wake of the invasion (S/11488, annex, para. 4). Out of these 20,000 only a few hundred now remain (544 in December 1992. S/24917, para. 25). This is the result of a persistent policy of harassment, racial discrimination, intimidation and coercion carried out by the Turkish occupation army in order to force the Greek Cypriots enclaved to move to the part under the Government's control. These enclaved persons live under highly restrictive conditions and continue to suffer flagrant violations of their basic human rights and freedoms, contrary to international humanitarian law and the Vienna III Agreement of 2 August 1975, an agreement reached under the auspices of the Secretary-General aimed at improving the living conditions of Greek Cypriots in the occupied area, to provide them with facilities for education and for the practice of their religion, as well as medical care by their own doctors and freedom of movement in the occupied area, to secure free and normal access by UNFICYP to Greek Cypriot villages and habitations in that area, so as to put a stop to their further expulsion, and to give priority to the reunification of families by allowing Greek Cypriots forcibly evicted from their homes in the occupied area to return thereto (S/11789, annex 5).
23. In flagrant violation of this agreement, as well as internationally accepted principles of human rights and humanitarian law, the Turkish occupation regime continues to apply a racist and inhuman policy against the Greek Cypriots enclaved, including:
(a) Denial of access to medical doctors and educational facilities. No Greek Cypriot doctors were allowed to be settled in the area or visit the enclaved on a regular basis. No high schools were allowed to operate, resulting in further expulsions and separations of families, the children being forced to pursue their studies in the Government-controlled area. The two Greek Cypriot primary schools in the Karpas operate under primitive conditions, while censorship of basic textbooks (on history, religion, geography of Cyprus and Greek literature) and undue delays in deliveries of books and other educational material further hamper the education of the enclaved children;
(b) Separation of families. Many families are still separated as a result of the forcible division of the country and its people. As mentioned above, due to the refusal of the Turkish occupation authorities to allow the operation of secondary schools in the area inhabited by the enclaved, the Greek Cypriot enclaved children, when they reach the age of 12, have no choice but to go to the Government-controlled area to attend school there. These children are not allowed by the Turkish occupation regime to visit their parents in the occupied areas, except for Christmas, Easter and summer vacation. When boys reach the age of 16 and girls the age of 18 they are not allowed to return to their homes, even to visit their parents during holidays. Relatives of the enclaved living in the Government-controlled area are not allowed to visit them in the occupied area, even in cases of deaths or funerals. The separation of families under such inhuman policies is a clear method of "ethnic cleansing" carried out in order to force the few remaining Greek Cypriots in the occupied area to join their relatives in the Government-controlled area. It should be mentioned in this respect that the European Commission of Human Rights, in its report on the Third Application of the Government of Cyprus against Turkey, further concluded that, "in the cases of continued separation of families from Turkey's refusal to allow the return of Greek Cypriots to their family members in the north, Turkey continues to violate Art. 8 of the Convention";
(c) Restrictions of movement. The Greek Cypriots enclaved are restricted to their villages and immediate surroundings. For any movement outside their villages they have to submit an "application" and seek special permission from the "authorities". Inhuman restrictions also continue to be imposed concerning temporary visits of the enclaved Greek Cypriots to the Government-controlled areas;
(d) Restrictions in the movement of UNFICYP. The United Nations Peace Keeping Force in Cyprus which, under the Vienna III Agreement, should have "free access to Greek Cypriot villages and habitations" in the occupied area, has been severely restricted by the occupation authorities to perform its responsibilities concerning the enclaved. The Secretary-General, in his report to the Security Council dated 30 November 1991 (S/24050), stated: "In addition, on a number of occasions UNFICYP was impeded by the Turkish Cypriot police element while conducting humanitarian tasks in support of Greek Cypriots in the north. Access to the Greek Cypriots living in the Karpas peninsula by UNFICYP humanitarian staff and civilian police was on several occasions denied and on three occasions UNFICYP staff were delayed and verbally abused by police officials. UNFICYP must rely on the steadfast cooperation of all parties and uninterrupted freedom of movement in carrying out its established and important humanitarian duties and responsibilities" (para. 7). In another report the Secretary-General described the restrictions imposed on UNFICYP as follows: "In line with the Vienna III agreement concerning the support provided by UNFICYP to the Greek Cypriot population living in the northern part of the island, the Liaison post at Leonarisso was reopened in May 1990 and manned by SWEDCIVPOL in conjunction with AUSCON personnel. The Turkish Cypriot authorities, however, objected to the presence of SWEDCIVPOL in the Kapras and also insisted that they should not accompany the resupply convoys to the area. In October 1990 one member of AUSCON was detained by the Turkish Cypriot police after leaving the Liaison post to respond to a complaint by a Greek Cypriot woman living in the Karpas that several members of the Turkish Cypriot police had entered and searched her home. UNFICYP is pursuing its efforts to carry out its responsibilities in that area" (S/21981, para. 28);
(e) Forced or compulsory labour by the enclaved. All-male Greek Cypriots enclaved from the age of 18 to 50 are forced to report to the "police station" in Rizokarpaso every Friday at 3 p.m. There they have to wait for 45 to 60 minutes. During this time they are forced by the "policemen" on duty to clean the "station", the yard and the adjacent streets;
(f) Harassment, intimidation and violence. The enclaved are subjected to constant harassment and there have been many cases over the years of violent actions against the enclaved, including arson, theft, assault, robbery and murder.
24. The continuing colonization by Turkey of the occupied area through the massive importation of settlers from mainland Turkey and their settlement into the homes of the displaced Greek Cypriots is yet another proof of the Turkish objectives, i.e. to turn the occupied area into a wholly Turkish-populated area, thus preventing the return of the indigenous Greek Cypriot inhabitants. Moreover, the settlers were given "citizenship" and "voting rights" in an attempt to adulterate the will of the Turkish Cypriot community and provide support to the occupation regime.
25. It is estimated that the settlers now well exceed 80,000 and Turkish Cypriot opposition reports and demographic analysis of available data support such an estimate. The other tragic aspect of the demographic situation in the occupied area is the fact that the Turkish Cypriots continue to emigrate because of increasing unemployment and violations of their basic human rights and freedoms. It is estimated that since 1974 over 30,000 have left the island. These figures show that settlers now form a major proportion of the population of the occupied area. Over 80,000 out of a population of 180,000 is significant enough to play a decisive role in the political and economic activity of those areas, while at the same time serving the objectives of Turkey's settler policy which can be summarized as follows:
(a) To distort the population balance on the island between Turkish speakers and Greek Cypriots, with a view to justifying the disproportionately large claims of the Turkish side with respect to land and political power;
(b) To maintain a body of people in the occupied part that can hold the balance of political power and ensure that the Turkish Cypriot leadership is in line with Turkey's policy and objectives;
(c) To present an obstacle to the solution of the Cyprus problem;
(d) To provide additional trained reserves in Cyprus for the Turkish occupation forces in Cyprus (now reaching 35,000);
(e) To change the demographic composition of the population so that Turkish speakers outnumber the Greek Cypriots.
26. The settlement policy of Turkey in Cyprus recently received the attention of the Parliamentary Assembly of the Council of Europe when the latter adopted, last October, a recommendation based on the report of the Rapporteur of the Committee on Refugees, Migration and Demography, Mr. Alfonse Cuco, regarding the Turkish colonization of the occupied area of Cyprus. Mr. Cuco visited Cyprus in 1991 and reported extensively about the massive influx of Turkish mainland settlers to the occupied area, a policy which he characterized as an obstacle to the finding of a solution to the Cyprus problem. (Doc. 6589 dated 27 April 1992, Parliamentary Assembly of the Council of Europe.) The Parliamentary Assembly, based on the report submitted by Mr. Cuco, condemned the colonization policy of Turkey by its adoption on 7 October 1992 of recommendation No. 1187 (1992). The Assembly's recommendation will no doubt contribute and add its weight to the Cyprus Government's efforts aiming at the withdrawal of all Turkish settlers and the full restoration of the human rights and fundamental freedoms of the people of Cyprus as a whole.
27. The Government of Cyprus has endeavoured, in compliance with paragraph 2 of article 40, to indicate in this report the factors and difficulties affecting the implementation of the Covenant in Cyprus.