Filenews 11 November 2025 - by Michalis Chatzivasilis
The Prison Council is changing its form and powers, which is transformed from an advisory body into an investigative body and its decisions will now be binding.
This development comes after the ECtHR decision in 2022 condemning the Republic of Cyprus because there were state officials in the Council and requesting the establishment of a Body for the Examination of Prisoners' Complaints which will bind the current director of the Central Prisons. The Ministry of Justice and Public Order has prepared a bill that transforms the Prison Council from a body of state officials into an effective body with the participation of persons outside the state machine, on the model of the Authority for the Examination of Complaints against the Police (AADIPA).
As the legislation is today, the president of the Prison Council is the prefect of Nicosia and officials from ministries and Services participate. It is noted that for a year the Council was inactive, since legislative solutions were sought, while in June 2024 the current Council was appointed. Now this, after the "scolding" by the ECtHR, will change, even if with a delay. The new bill aims to establish effective treatments as required by Article 13 of the European Convention on Human Rights (ECHR) for allegations of violation of Article 3 due to detention conditions in Prisons. With the new regulations, prisoners are given the opportunity to submit a complaint to the Prison Council or the Council can proceed to an ex officio examination of prisoner detention conditions. The main thing is that the decisions of the Prison Council will be binding on the director of the Prisons, while the prisoner is given the opportunity if he is not satisfied with the Council's decision to challenge it in Court.
As stated in the bill, an independent Prison Council is now established, with the responsibility to examine the conditions of detention and treatment of prisoners in Prisons. The Prison Council shall consist of seven members appointed by the Council of Ministers, provided that:
>> They do not have any administrative, institutional or other relationship with the Prisons.
>> One member is an officer of the Office of the Commissioner for Administration.
>> Three members come from the state service or the wider public sector, but not from the Prisons or the Police.
>> Three members come from the private sector.
The President of the Council will be able to be appointed by the private sector by the Council of Ministers.
The Prison Board has the power to examine the conditions of detention and the treatment of any prisoner on an oral or written complaint or ex officio. In order to examine conditions of detention or treatment of a prisoner, the Prison Council may conduct, within the Prisons, investigations that it considers necessary, which are carried out by any of its members. It is also provided that any member of the Prison Council is entitled to free access and entry to all areas and facilities of the Prisons, at any time of the day and to a confidential and private meeting with the prisoner who submitted the complaint and other persons, outside the auditory field of any member of the Prisons and, where necessary, in the presence of an interpreter.
Particular attention is paid to the cases of sick or punished prisoners. It is also provided that a member of the Prison Council is entitled to request and inspect any record, register, diary or other document kept in the Prisons in relation to a prisoner who submitted the complaint. In the context of an investigation, a member of the Prison Council may hear the views of the Director of the Prisons or other prison guards and the decisions of the Prison Council are duly justified and may contain specific recommendations to the Director of Prisons for the improvement of detention conditions. The Council's decision is binding on the Director of Prisons, who must take compliance actions.
Competence in the premises as well
The Council will have competence, in addition to examining complaints from prisoners, for the condition of the Prison buildings and submits a report to the Minister of Justice and the Director of Prisons with suggestions regarding any repairs, additions or modifications it deems necessary.
It also investigates the living and working conditions of the prisoners and forwards the relevant findings to the Minister and the Director and examines whether the educational and training programs, employment, vocational training and general education provided to the prisoners are adequate and appropriate. In addition, it submits to the Minister and the Director, either ex officio or following instructions from the Minister, reports and opinions on issues and events related to its responsibilities and respect for human rights and the treatment of prisoners.
Finally, the Council immediately brings to the attention of the Police any allegations of prisoners committing any criminal offense related to the treatment of prisoners.
