a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were no reports the “government” or its agents committed arbitrary or unlawful killings.
b. Disappearance
There were no reports of disappearances by or on behalf of “government” authorities.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The “law” prohibits such practices, but there were reports during the year that police abused detainees. The “law” does not refer explicitly to torture; however, it does prohibit police mistreatment of detainees under the section of the “criminal code” that deals with assault, violence, and battery.
The “Attorney General’s Office” reported investigating two complaints concerning police battery and use of force between January and September. The “Attorney General’s Office” finalized a 2018 investigation against a police officer and stated the trial would begin in October.
In August local press published a video showing a Turkish Cypriot police officer kicking a detained tourist in the presence of other officers at the Ercan (Tymbou) airport police station. According to local press, the detainee was drunk and yelled at police for getting his cell phone wet during security screening. Police suspended the officer from his duty pending an investigation and announced that officers who observed and failed to report the incident would also be investigated. The investigation continued at year’s end.
Prison and Detention Center Conditions
Prison and detention center conditions did not meet international standards in a number of areas, in particular for sanitary conditions, medical care, heating, and access to food.
Physical Conditions: The area’s only prison, located in the northern part of Nicosia, has a stated capacity of 452, according to the “Ministry of Interior.” According to authorities, additional rooms were converted into cells and a bunkbed system was installed to increase the capacity. As of September, it reportedly held 568 prisoners and pretrial detainees. Nongovernmental organizations (NGOs) and the “ombudsman” reported overcrowding remained a problem and that mattresses were stacked in the corridors at the “Central Prison.” The prison did not separate adults and juveniles, and there were no detention or correction centers for children. Due to lack of space, pretrial detainees and prisoners continued to occupy the same cells. NGOs reported conditions were better in the women’s section of the “Central Prison.”
In June press reported that a Turkmen prisoner, Roman Bazarov, who was held in the “Central Prison,” had died of AIDS. Tests reportedly indicated that he did not have HIV upon entering the “Central Prison” but that he was diagnosed with HIV during a subsequent visit to the “state hospital.” The “Ministry of Health” conducted hepatitis and HIV tests on the other 58 inmates and detainees who shared a cell or medical room with Bazarov, and authorities said they took appropriate precautions within the scope of the “prison regulation” to ensure the safety of inmates and detainees.
The “Attorney General’s Office” reported that in March a lawyer finished an independent investigation into the death of a 30-year-old detainee who reportedly committed suicide at a police station detention center in Kyrenia in September 2018. The report concluded the detainee had committed suicide on his own but identified deficiencies with police actions. The detainee’s spouse and father had accused police of killing the detainee. Authorities continued to wait for medical reports from Turkey at year’s end.
Activists continued to say a lack of security cameras at detention centers and in parts of the “Central Prison” allowed police officers and prison guards to abuse detainees with impunity. In March local press reported that prison guards hit two female inmates’ heads against the wall in the “Central Prison.” Security cameras in that area of the prison were deactivated before the incident. Press outlets reported allegations that “Central Prison director” Metin Bilmem instructs prison guards to abuse inmates without leaving visible marks. “Minister of Interior” Aysegul Baybars told the press she did not see signs of abuse or mistreatment while visiting the prison after the incident.
The “ombudsman” received complaints that detainees in the “Central Prison” did not receive sufficient food and that police detention centers lacked heating. NGOs reported that, because of a lack of official procedures at police detention centers, detainees frequently received no food while held, sometimes for periods longer than a day. They instead relied on relatives to bring them food.
NGOs reported sanitation remained a significant issue in the “Central Prison” and that inadequate access to hot water failed to meet inmates’ hygiene needs. An NGO reported authorities did not provide basic sanitation supplies, such as soap, toilet paper, and toothbrushes, which detainees and inmates had to purchase themselves from a stand inside the “Central Prison” at inflated prices. Authorities said hygiene supplies were insufficient due to an increasing number of inmates.
In January the “Central Prison Advisory Board” visited the “Central Prison” after a detainee had complained about inhuman conditions. Authorities reported they carried out an investigation and identified ways to improve the hygiene of inmates, and shortcomings in the physical structure of the building.
NGOs said prison health care was inadequate, lacking sufficient medical supplies and a full-time doctor. NGOs reported testing for contagious diseases at the “Central Prison” was haphazard and inconsistent. In June the Prison Guards’ Association chair stated that overcrowding in prison cells created a breeding ground for contagious diseases. Authorities reported all inmates are subject to health checks at the “state hospital” before entering the “Central Prison.” Authorities said a doctor visited the prison twice a week and was on call for emergencies. A dentist visited the “Central Prison” once per week, a dietician visited twice per week, and there were two full-time psychologists at the “Central Prison,” according to authorities.
An NGO reported the detention center at Ercan (Tymbou) airport lacked proper ventilation and access to natural light. The NGO said hygiene was a concern because there is only one bathroom inside each detention room and no regular cleaning.
Administration: Authorities did not conduct proper investigations of allegations of mistreatment at the “Central Prison.” The “Ministry of Interior” reported receiving only personal complaints, which the “Central Prison” administration took into consideration. Authorities stated facilities were available for Muslim prisoners and detainees to conduct their religious observance and that an imam visited the “Central Prison” on the religious days of Bayram. Authorities said they would facilitate religious observance for persons of other religions upon their request and reported not receiving any requests.
Independent Monitoring: Authorities generally permitted prison monitoring by independent nongovernmental observers. Authorities reported that Famagusta Lions Club, EVKAF, foreign missions, and the UN Peacekeeping Force in Cyprus visited the “Central Prison” during the year. A One NGO reported authorities prevented a local human rights organization from visiting the “Central Prison” to monitor claims about serious abuses during the year.
Improvements: Authorities said they conducted seminars and trainings for inmates and detainees on a variety of topics, including on contagious diseases, showing respect for others, and for inmates imprisoned for drug-related offenses. Authorities reported installing a new visitor area and a new room for religious worship.
d. Arbitrary Arrest or Detention
The “law” prohibits arbitrary arrest and detention and provides for the right of any person to challenge his or her arrest or detention in court. Authorities generally observed these requirements.
Arrest Procedures and Treatment of Detainees
“Judicial warrants” are required for arrests. According to the “law,” police must bring a detained person before a “judge” within 24 hours of arrest. Police can then keep the detainee in custody for up to three months, but a “judge” must review the detention after the third day and every eight days thereafter. Authorities generally respected this right and usually informed detainees promptly of charges against them, although they often held individuals believed to have committed a violent offense for longer periods without charge.
Bail may be granted by the “courts” and was routinely used. “Courts” confiscated detainees’ passports pending trial. According to the Turkish Cypriot Human Rights Foundation (TCHRF), during the detention review process, officials pressure detainees to sign a confession in order to be released on bail. It cited situations in which police used the threat of prolonged detention to induce detainees to plead guilty.
According to the “constitution,” indicted detainees and prisoners have the fundamental right of access to “legal” representation. Authorities usually allowed detainees prompt access to family members and a lawyer of their choice, but NGOs noted cases in which authorities prevented detainees from seeing a lawyer.
An NGO reported that authorities at times did not permit lawyers to enter detention rooms at Ercan (Tymbou) airport.
The TCHRF commented that the absence of cameras or voice recorders and the lack of a requirement that a lawyer be present during questioning created an atmosphere in which police coerced detainees into signing or physically abused them until they signed statements admitting their guilt. Authorities provided lawyers to the indigent only in cases involving violent offenses. Police sometimes did not observe legal protections, particularly at the time of arrest. Suspects who demanded the presence of a lawyer were sometimes physically intimidated or threatened with stiffer charges.
A lawyer said the “Central Prison Regulation” prohibits sentenced individuals in solitary confinement from meeting with a lawyer without the “prison director’s” permission. The “prison director” may deny the visit without providing a justification. According to the TCHRF, when the prison authorities want a detainee, indicted individual, or prisoner not to speak or meet with his or her family or lawyer, they commonly threatened to punish the individual with solitary confinement. In May the Turkish Cypriot Human Rights Foundation and Bar Association alleged that prison authorities listened to inmates’ telephone conversations without a court order.
In September local press reported that a 28-year-old man was released and found not guilty of raping a 73-year-old woman in March after authorities received DNA test results from Turkey. The man subsequently told local press that police physically abused him during the time of arrest and at the police station until he signed a written confession they had prepared. Press reported he planned to file complaints against both the police and the accuser.
e. Denial of Fair Public Trial
The “law” provides for an independent judiciary, and authorities generally respected judicial independence and impartiality.
Most criminal and civil cases begin in district “courts,” from which appeals are made to the “Supreme Court.” Civilian “courts” have jurisdiction in cases where civilians face charges of violating military restrictions, such as filming or photographing military zones.
Trial Procedures
The “law” provides for the right to a fair and public trial, and independent judicial authorities generally enforced this right.
Defendants enjoy the right to a presumption of innocence. NGO representatives and human rights lawyers said defendants generally enjoyed the right to be informed promptly and in detail of the charges against them. The “constitution” provides for fair, timely, and public trials; the defendant’s right to be present at those trials; and the defendant’s right to consult with an attorney in a timely manner (or, in cases of violent offenses, have one provided at public expense if unable to pay). Criminal defendants enjoy the right to adequate time and facilities to prepare a defense.
There was insufficient free interpretation for some languages and insufficient professional translation in “courts.” Lawyers and NGOs said authorities haphazardly recruited nonprofessional translators who did not translate everything said during proceedings. Inadequate translation delayed hearings and prolonged defendants’ detention.
Defendants may question prosecution witnesses and present evidence and witnesses on their behalf. They cannot be compelled to testify or confess guilt and have a right to appeal.
Political Prisoners and Detainees
There were reports of detention and deportation to Turkey of persons with alleged ties to Fethullah Gulen and his movement, accused by the Turkish government of masterminding the coup attempt, and designated by the Turkish government as the “Fethullah Gulen Terrorist Organization” (“FETO”). In July the Turkish “ambassador” said the majority of alleged “FETO” members extradited to Turkey came from the “TRNC.” Authorities fired 30 police officers for alleged “FETO” ties in July.
Civil Judicial Procedures and Remedies
Individuals or organizations may seek civil remedies for human rights violations through domestic “courts.” After exhausting local remedies, individuals and organizations may appeal adverse decisions that involve human rights to the European Court of Human Rights (ECHR).
Property Restitution
Greek Cypriots continued to pursue property suits in the ECHR against the Turkish government for the loss of property located in the area administered by Turkish Cypriot authorities since 1974.
A property commission handles claims by Greek Cypriots. As of October the commission has paid more than 303 million British pounds ($372 million) in compensation to applicants.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The “law” prohibits such actions. There were reports police subjected Greek Cypriots and Maronites living in the area administered by Turkish Cypriot authorities to surveillance. A Maronite representative asserted that during the year the Turkish armed forces occupied 18 houses in the Maronite village of Karpasia.