Filenews 1 January 2023 - by Marios Demetriou
"It is obvious that an effective Police Force is the one that drastically addresses crime and is at the same time at the forefront of defending the human rights of all citizens, exercising its duties with professionalism, honesty, meritocracy, transparency and respect for the citizen", stressed the Chief of Police Stelios Papatheodorou and the same assurance was given by the Minister of Justice Stefi Drakou, emphasizing that "the preservation of public order and the the fight against crime remains high on our priorities and our primary goal is the security of the citizen, which must be realized only through the respect of his constitutionally guaranteed human rights in conditions of law". They both spoke at a workshop organized by the Police on December 19, 2022 at the Journalists' House in Nicosia on "Human rights and safeguarding public order, challenges and prospects" on the occasion of the International Human Rights Day, as set for December 10 by the UN General Assembly.
The workshop was held under the auspices of Minister Stefi Drakou and was coordinated by Aristos Tsiartas, head of the Human Rights, Penitentiary and Anti-Crime Policy Section of the Ministry of Justice. Important interventions were made by the Commissioners for Administration, Legislation and Protection of the Rights of the Child Maria Stylianou Lottides, Louisa Christodoulidou Zannetou and Despo Michailidou respectively, as well as the President of the Cyprus Bar Association Dr. Christos Clerides and the lawyer Kostas Paraskevas, associate professor at the University of Cyprus.
Services, education, training
"Fully aware of our responsibility and the need to take measures and recognizing our obligation to protect, we set as our immediate priority the consolidation of security conditions and the fight against crime", said among others the Chief of Police and added:
"It is our strong belief that the challenges that exist can be met by adhering to the common values of respect for human rights, democracy and the rule of law. In this context, we proceeded to the establishment and operation of several specialized offices and services that perform an extremely important task in terms of coordinating our actions on issues of protection of human rights, protection of the rights of vulnerable persons and the harmonization of these actions with International Conventions, United Nations Resolutions, but also European Legislation and Directives. These services include the Sub-Directorate for The Management of Cases of Vulnerable Persons, the Office for Combating Trafficking in Persons and the Office for Human Rights and Anti-Discrimination. At the same time, we have compiled and distributed manuals related to human rights in general, as well as to individual issues related to the operation of the Police, such as the handling and treatment of detainees, the rights of women - victims of intimate partner violence, the handling of juvenile offenders and victims, the rights and protection of victims of crime, etc. protection of the human rights of persons in detention and full compliance with the recommendations of International and European Organizations, as well as National Authorities, by developing good cooperation with the Office of the Commissioner for Administration and Protection of Human Rights.
Being fully aware of the important role played by the education and training of our members in general and in particular on human rights issues, we proceeded to the introduction of additional courses on human rights issues at the Police Academy and to the inclusion of a one-semester human rights module in the training program attended at the University of Cyprus by all police cadets".
The 2022 milestone for Cypriot Justice
"Justice has a decisive role in the respect of human rights and consequently the delay observed in the adjudication of cases in our country, undoubtedly negatively affects the rule of law", said the Minister of Justice, Stefi Drakou, adding that "she considers 2022 an important landmark year in the Cypriot Justice, since we succeeded in passing bills with a significant majority, that paved the way for judicial reform, while at the same time important projects that complement them have progressed and are being completed on schedule. Bills and projects, which with their implementation from 2023 create the prospect of regaining the credibility lost in recent years in the institution of justice, the most basic pillar of democracy".
Mrs. Drakou pointed out "the huge responsibility and the difficult work of the state for the maintenance of order and the protection of the citizen" and stressed addressing the police that "you must be the first to be the practical example of absolute respect for human rights in the performance of your duty. For our part, we will continue to strengthen the operational capacity and reorganisation of the Police with the help of experts, in order to make it even more effective in dealing with all forms of violence, especially those involving vulnerable groups. Top of our priorities is preventing and combating violence against women. With deep legislative changes, we have strengthened the legislative framework and we are one step closer to the full implementation of the provisions of the Istanbul Convention. Through recently passed legislation, new forms of violence against women are becoming criminally punishable, such as economic violence, sexism, stalking, the dissemination of pornographic or sexual material and femicide, which is the most extreme form of gender-based violence. At the same time, significant modernizing changes have been achieved in the Criminal Code in relation to the definition of the offence of rape and the Protocols applied by the Police in cases of sexual violence and rape have been revised. Today we are in the final stage of preparing the first National Strategy and the first National Action Plan for the Prevention and Combating of Violence against Women for the years 2023-2028".
Impartial control of police action
"We are aware of the difficulties and tensions of the daily life of the police officer on duty and in no way underestimate them", the Commissioner for Administration and Protection of Human Rights Maria Stylianou Lottidi said in her greeting at the conference, assuring that "her Office will continue to be at the disposal of the Police and to support its every effort to ensure the enjoyment of basic human rights without discrimination". He added that "in order to effectively exercise its duties, the Police has a wide discretion and authority that can be strengthened through the development of modern scientific and technological means, which, however, poses a greater risk to individual human rights, which is why the observance of certain procedures during their use is necessary. It is therefore necessary to recall that the principle of legality binds the Police and its members, as well as any body exercising public authority. Impartial, objective and effective control of police action by independent control bodies, such as the Commissioner for Administration, is one of the most effective means of combating police arbitrariness, while at the same time it requires the continuous training and sensitization of police officers of all levels to the principles of human rights protection, while at the same time their practical training in relation to the use of force, its limits and limitations, but also the provision to them of operational guidance and psycho-emotional support, where required".
Contracts and the role of the Commissioner for Legislation
"The Office of the Commissioner for Legislation operates, with only one exception, as the national mechanism for coordinating, drafting, submitting and presenting national reports in the framework of the major UN conventions ratified by the Republic of Cyprus on the promotion and protection of human rights," said The Commissioner for Legislation Louisa Christodoulidou Zannetou in her speech on "International Human Rights Conventions and the role of the Office of the Commissioner for Legislation". "This practice followed by the Republic of Cyprus – he continued – is in line with the position of the Office of the High Commissioner for Human Rights, which encourages the systematisation of the preparation of reports through the creation of a national reporting and coordination mechanism to facilitate national consultations and their follow-up. To this end, it is legitimate to create a central mechanism for holistic monitoring of the implementation of the recommendations of the UN Committees, as this will facilitate the preparation of the periodic reports by the Republic of Cyprus. I would like to emphasise emphatically that the work and support of these reports is an extremely complex process. For this reason, I consider it appropriate to publicly express my thanks to the leadership and members of the Police for their help, support and valuable contribution. The assistance of the Cyprus Police is one of the most important contributions for the preparation of the reports, but also for the hearing before the Committees. The close and impeccable cooperation of the representatives of ministries, deputy ministries, police and other state authorities is the foundation stone and catalytic factor in the successful outcome of the whole process in order to comply with the contractual obligations of the Republic of Cyprus".
Restorative and child-centred justice
"Restorative justice aims at the development and reintegration into society of children who are in conflict with the law", pointed out in her speech entitled "Children's Rights and restorative justice" the Commissioner for the Protection of the Rights of the Child Despo Michailidou. "This is – she added – an accessible justice, age-appropriate, fast, diligent, tailored and focused on needs and respecting his rights and above all the right to a fair trial, the right to participate in and understand the process, the right to respect for private and family life, as well as the right to integrity and dignity. Justice in Cyprus should be supported in every way so that its decisions move in the positive direction and spirit that the Law brings with it, while understanding the need to reform young offenders in order to build a criminal justice system that puts the needs of the child offender and the child victim at its core."
The Commissioner referred to the Law "on Children in Conflict with the Law" of 2021, which she described as "a landmark and a valuable tool for the protection of children's rights in conflict with the law", as she said, "it institutionalizes a criminal justice system specifically designed for the needs of children aiming at restorative justice and satisfying the international obligations of the Republic of Cyprus". Mrs. Michailidou recalled that "a child, according to the Law, is any person who has not reached the age of 21 for crimes committed before reaching the age of 18, while no child under the age of 14 is criminally liable". She stressed the "obvious" in her expression that "children, due to their physical and mental immaturity, need special protection and care and therefore international legislation recognizes the special treatment they should receive, in addition to safeguarding internationally recognized universal human rights. The child must be given special and dignified treatment, especially when he or she is in a vulnerable situation. When professionals (judges, police officers, social workers, etc.) understand the special needs of a child and that some of his behaviours are part of the range of what is expected for his age, then they may adopt a more child-centred look. We must always bear in mind that we must treat the child with respect for his or her rights and that in any case his or her best interests should take precedence. For the better and more correct treatment of children in a justice system, knowledge of child development issues is essential. It is therefore absolutely imperative to have a justice system that is specialized for children, with professionals who have been trained in the rights, treatment and needs of children at different stages of development."
Demonstrations, protests and riots
"Demonstrations, protests and riots under the European Convention on Human Rights" was the subject of the speech of the President of the Cyprus Bar Association, Dr. Christos Clerides. "Freedom of assembly – he said among other things – is enshrined in the European Convention on Human Rights in Article 11 on the right to peaceful assembly and freedom of association." He added that "the Article introduces some restrictions that apply with certain conditions: They must be imposed by law, necessary in the context of a democratic society and aimed at national security, public security, the maintenance of order, the prevention of crime and the protection of the health, morals and rights and freedoms of others. Our issue, which essentially concerns demonstrations, protests and riots, also involves the application of Article 10 of the European Convention, which enshrines the right to freedom of expression, opinion, acceptance and supply of ideas and information without interference by the authorities. The exercise of these rights may be imposed on restrictions again, imposed by law and necessary in a democratic society for the purposes of national security, territorial integrity, public security, to prevent crime and disorder and to protect the health, morality, and reputation and rights of others and to prevent the disclosure of information received in confidence and of course to preserve the authority and integrity of judges."
