Filenews 7 May 2022 - by Fanis Makridis
Three years and a few months after the repeated slaps that the Republic of Cyprus received from the European Court of Human Rights (ECtHR) for the appalling conditions of detention of two foreigners who were being deported, the competent services of the state are struggling to comply. In fact, they continue to be accountable to the European Union.
This emerges from the content of official documents obtained by "F" which leave no doubt about the ongoing efforts to... align competent services of the state with the contested verdicts of the ECtHR.
Letter from WEU & DAS
It is an indicative letter dated 12/04/2022 under the title "Compliance of the Republic with the judgments of the ECtHR in individual appeals Khan v. Cyprus and Haghilo v. Cyprus", sent by a police officer serving in the Directorate of European Union and International Police Cooperation (WEU&DAS).
Through it, the heads of sections of the Corps are informed in order to be aware of the latest actions by the Republic of Cyprus following the international vilification of Cyprus for the inhumane conditions of detention of two deported migrants, Thi Nguyen Khanh from Vietnam and the Iranian Mustafa Haghilo.
The deportation of these two persons was pending for a long time, while they were held for five and 15 months, respectively, in police detention facilities. The ECtHR had concluded by its relevant decisions (4/12/2018 and 26/03/2019) that in both cases there was a violation of Article 3 of the European Convention on Human Rights. This article concerns the prohibition of torture and other inhuman or degrading treatment or punishment.
In addition, the rulings of the European Court of Justice pointed out that police detention facilities are unsuitable for long-term detention of deported persons.
All the above parameters are highlighted in the letter, which is addressed to interested heads of police departments, including the head of the Aliens and Immigration Service (YAM).
We are accountable with an "action plan"
Attached to the same letter is an "action plan" dated 29/03/2022 and forwarded by the Cypriot side to the Committee of Ministers of the Council of Europe for the compliance of the Republic with the judgments of the ECtHR, in relation to the cases of Khanh and Haghilo.
Simply put, as it is understood, Cyprus continues to be held accountable internationally for its two convictions.
This "action plan" has been prepared by the Legal Service and specifically by a lawyer of the Republic. It has, in fact, been transmitted by hand since the beginning of last month (05/04/2022) to the Chief of Police, the Director General of the Ministry of Justice and Public Order, as well as the Director General of the Ministry of Interior.
In the "action plan", reference is made (1) to the events in relation to the detention of the two persons, (2) to their vindication by the ECtHR and the content of the court decision, (3) to the general measures taken by the competent Authorities of the Republic from its conviction until today and (4) to the bodies that have been informed about all the relevant developments.
The "action plan" of the Legal Service mentions, among other things, the operation of the Menogeia Detention Area for Prohibited Migrants (CHOKAM) in 2013, as well as in an internal circular dated 23/06/2020, regarding the detention of returning foreigners. On the legal side, it is the position that in 2019, the time of detention in police detention centres for foreigners under deportation was reduced. It is added, however, that the picture changed from the years 2020 and 2021 (an increase in detention time was recorded), due to the emergency measures taken by the government to prevent the spread of the COVID-19 pandemic. In addition, reference is also made to the construction of the new reception centre "Limnes", which as noted will consist of two structures, the reception centre and the detention area.
Already compensated
It is recalled that in Khan V. Cyprus, the ECtHR awarded the applicant damages of €6,500 and€4,070 for lawyers' costs, while in Haghilo v.Cyprus, the damages awarded amounted to €30,000 and €4,124, respectively. Those amounts have already been transferred to those two persons who had taken legal action against the Republic in 2012.
22 places of detention for 330 people...
The issue of police detention centres and the time of detention of persons, often-densely, comes to the fore, while the leadership of the Force at times makes an assessment of the situation.
It is indicative that at the end of last January (2022), the leadership of the Cyprus Police had given instructions in order to re-evaluate the total of 22 detention facilities that are under the responsibility of the Corps and may accommodate up to 330 people.
It should be noted that until the beginning of February, the only place of detention that was intended to accommodate people with tendencies of suicide or violent behaviour, was out of order.
Based on the data in force until the beginning of 2022, out of a total of 22 detention centres, some are intended to accommodate arrested persons - or other incidents of persons - for only 24 hours, there are others in which people are detained for a longer period of time under detention orders, while more than 10 points have been declared as prisons by decrees of the Ministry of Justice. This means that they are also used for cases of indictees (a serious case is being heard against them) or those sentenced to imprisonment (including prosecution witnesses).
After all, about three months ago there was an issue about the timing of the detention of a Lebanese political asylum seeker. The latter, married to a European national, had applied for asylum six years ago and had been arrested. He was even detained in the police detention centres of Lakatamia for a period of 79 days. Following representations by his lawyers and the involvement of the UNHCR in the case, the Ministry of Interior took steps to keep him conditionally free.
