CYPRUS HUMAN RIGHTS PRACTICES, 1993
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: JANUARY 31, 1994
CYPRUS
CONTENTS
- Section 1 Respect for the Integrity of the Person
- Section 2 Respect for Civil Liberties
- Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government
- Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
- Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status
- Section 6 Worker Rights
Cyprus has been divided since the Turkish military intervention
of 1974, following a coup d'etat directed from Greece. Since
1974, the southern part of the country has been under the
control of the Government of the Republic of Cyprus. The
northern part is ruled by an autonomous Turkish Cypriot
administration supported by the presence of Turkish troops. In
1983 that administration proclaimed itself the "Turkish Republic
of Northern Cyprus" ("TRNC"), which is recognized only by
Turkey. The "TRNC" is a parliamentary structure; the "Prime
Minister" and "Council of Ministers" are drawn primarily from
the "Assembly". The Government of Cyprus is a presidential
system.
The internal political system of the government-controlled area
is a democracy and in general accords basic human rights to its
population, both in law and in practice. The internal
political structure in the Turkish Cypriot administration is
also based on free elections. The Turkish Cypriot
administration generally respects basic human rights but
routinely restricts the freedom of Turkish Cypriots to travel
to the Greek Cypriot-controlled areas or even into the
U.N.-patrolled buffer zone which divides the two communities.
Both Cypriot economies are based on free enterprise. The Greek
Cypriot economy has prospered in recent years, particularly in
the tourism and manufacturing sectors, but entered into a
slight recession in 1993 as tourism revenues fell. The much
smaller economy in the Turkish Cypriot area, closely linked to
that of Turkey and plagued by Turkey's high inflation rate,
remained depressed in 1993, although a resurgence in the
banking, education, and tourism sectors is evident.
Conflict between the Greek Cypriot and Turkish Cypriot
communities during the 1963-74 period, followed in 1974 by the
abortive Greek Cypriot coup and subsequent Turkish
intervention, resulted in the uprooting of Greek Cypriots and
Turkish Cypriots from the northern and southern parts of the
island, respectively. The resultant loss of lives, homes, and
livelihoods has led to continuing charges of human rights
violations by both sides. United Nations Forces in Cyprus
(UNFICYP) monitors the welfare of the Greek Cypriots and
Maronites in the north, as well as that of the Turkish Cypriots
in the south.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political or extrajudicial killings.
b. Disappearance
There were no reports of persons abducted, secretly arrested,
or held in clandestine detention.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Both the Cyprus Constitution and the basic document governing
the Turkish Cypriot community specifically prohibit torture.
Freedom from cruel, inhuman, or degrading treatment or
punishment is provided for in law in both communities. While
these laws are generally respected in practice, allegations of
police brutality in the Greek Cypriot community have become
more common and have been given widespread publicity. In May
the Council of Europe's Committee for the Prevention of Torture
submitted a report to the Government concluding that "persons
held in certain police establishments in Cyprus--particularly
in Limassol town police station--run a serious risk of severe
ill-treatment/torture."
In the most celebrated case, a Limassol man falsely arrested in
1992 for bank robbery claimed he had been beaten and subjected
to electric shocks. The Government prosecuted two high-ranking
police officers, but the presiding judicial panel dismissed the
case in July for insufficient evidence, noting in its decision
that the prisoner had clearly been mistreated but that the
prosecution had failed to establish conclusively that the two
officers charged were actually responsible.
In September 1993 police officers arrested a man in Larnaca on
an unsubstantiated charge and severely beat him. Newspapers
published photographs of the man's resulting 34 stitches and
extensive bruises. Four officers involved were suspended
pending an internal police investigation. The Government
established a special commission to examine allegations of
police brutality; no results had been announced by year's end.
A bill addressing police brutality was scheduled for early
debate in Parliament, according to its sponsors. If passed,
the law would define as a felony the "torture, cruel or
humiliating treatment of detainees," liable to imprisonment of
up to 3 years or a $6,000 fine, or both. If a detainee suffers
"serious bodily injuries", those convicted of the abuse could
face a prison term of up to 5 years or a $10,000 fine, or
both.
In the Turkish Cypriot community, allegations of police
beatings are infrequent but not unknown: one Turkish Cypriot
youth complained in April that he was beaten by police officers
despite being the son of a policeman himself. The police
replied that the youth had not identified himself as such. No
investigation was conducted, and no charges were ever filed.
Victims of such abuse rarely come forward.
d. Arbitrary Arrest, Detention, or Exile
Laws providing for freedom from arbitrary arrest and detention
are respected by the Government of Cyprus and Turkish Cypriot
authorities. Arrest warrants, issued by judges, are required.
No one may be held for more than 1 day for investigation of a
crime without referral of the case to the courts for extension
of the period of detention. Most periods of investigative
detention do not exceed 8 to 10 days before formal charges are
filed. Attorneys have free access to detainees, and bail is
permitted. Exile is specifically prohibited by the Cyprus
Constitution and by the basic document governing the Turkish
Cypriot community.
e. Denial of Fair Public Trial
Cyprus inherited many elements of its legal system from the
British legal tradition, including the presumption of
innocence, the right to due process, and the right of appeal.
In both parts of Cyprus, fair public trial is provided for in
law and accorded in practice. The judiciary is independent of
executive or military control. Defendants have the right to be
present at their trials, to be represented by counsel (at
government expense for those who cannot afford one), to
confront witnesses, and to present evidence in their own
defense.
Cases are generally tried before a judge or panel of judges,
although a request for a jury trial is usually granted. There
are no special courts to try security or political offenses.
On the Turkish Cypriot side, civilians deemed to have violated
military zones are subject to trial in a military court. These
courts consist of one military and two civilian judges and a
civilian prosecutor. Defendants in military courts have all
the due process rights available in civilian courts. There
were no trials of civilians in military courts in 1993.
There are no political prisoners in Cyprus.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
Both the Cyprus Constitution and the basic document governing
the Turkish Cypriot community include provisions protecting the
individual against arbitrary interference by the authorities.
A judicial warrant is required, for example, for a police
official to enter a private residence.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These rights are provided for by law and are freely practiced
throughout the island. The press is free and represents the
entire political spectrum. There is no press censorship. In
the Greek Cypriot community, several private television and
radio stations compete effectively with the government-
controlled stations. Turkish Cypriot authorities retain
monopoly control over both radio and television, but in late
1993 a special commission was established to consider the
lifting of this monopoly. International broadcasts are
available throughout the island, including telecasts from
mainland Turkey and Greece. In addition, the proliferation of
party and independent newspapers and periodicals in both
communities enables ideas and arguments to circulate freely.
Opposition papers frequently criticize the authorities.
b. Freedom of Peaceful Assembly and Association
The freedom to associate, organize, and hold meetings is
protected by law and generally respected in practice.
c. Freedom of Religion
Freedom of religion is respected in Cyprus. In the south, the
vast majority of the population is Greek Orthodox; in the
north, Sunni Muslim. The Greek Orthodox Church in the south
has the character of a state institution; all its activities
and holdings are exempt from taxation. Although missionaries
have the legal right to proselytize in both communities,
missionary activities are closely monitored by the
Greek Cypriot Orthodox Church and by both Greek Cypriot and
Turkish Cypriot authorities.
The approximately 300 Turkish Cypriots known to reside in the
southern part of the island are allowed to practice their
religion freely. In the north, non-Muslims include
approximately 550 Greek Cypriots, 200 Christian Maronites, and
some foreign residents--all of whom are free to practice their
religions.
A 1992 law allows alternative service for those Greek Cypriots
who conscientiously object to military service on religious
grounds: they may select either 34 months of unarmed military
service or 42 months of civil defense force or social service,
compared to 26 months of military service. However, this
service still falls under the auspices of the military, so it
does not constitute alternative civilian service. There are
approximately 10 conscientious objectors in prison in the
Republic, all of whom are Jehovah's Witnesses serving sentences
of up to 32 months. Turkish Cypriot conscientious objectors
have no alternative to military service and face imprisonment
if they refuse to serve. Amnesty International in 1993 noted
the first case of imprisonment of a conscientious objector in
the north, who was sentenced to 3 years. He was also charged
with insulting the security forces in northern Cyprus for
statements he made in a press conference explaining his reasons
for refusing military service and his willingness to serve an
equivalent term in alternative civilian service.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Turkish Cypriots and Greek Cypriots enjoy general freedom of
movement within their respective areas. However, Turkish
Cypriot authorities strictly regulate travel by Turkish
Cypriots into the government-controlled area. Turkish Cypriots
who apply for permission to visit the south are required to
justify their applications with formal invitations to events
arranged by individuals or organizations resident in the
south. Applicants are sometimes not given a reply until the
last minute, and many are refused. Those who are denied
permission are rarely given an official reason, but the basis
for most denials is clearly political. Turkish Cypriot
authorities sometimes cite developments in the U.N.-led
negotiations, which they view as unfavorable, as reason enough
to discourage bicommunal contacts. One well-known Turkish
Cypriot dissident, Dr. Ahmet Cavit, has been consistently
denied permission to travel into the south, despite multiple
applications, because of his outspoken criticism of the ruling
regime. "TRNC" civil servants periodically face a blanket
prohibition against traveling from the "TRNC" into the south,
or even into the U.N.-patrolled buffer zone.
The applications of Greek Cypriot residents of enclaves in the
north to visit the south are usually granted, but the
applicants must return within a designated period or risk
losing their right to return, as well as their property.
Turkish Cypriot authorities usually deny applications by
Greek Cypriots to visit relatives in the north. They also
generally bar Greeks, Greek Cypriots, and even third-country
nationals with Greek or Armenian surnames from entering the
north.
The Government of Cyprus has barred travel to the north by
foreigners intending to depart the island from the
Turkish Cypriot area. At the same time, it bars entry into the
Greek Cypriot area by foreigners who have entered Cyprus from
the north.
The right to travel abroad and to emigrate is observed,
although persons facing military service or legal action in
either part of Cyprus may not travel without specific
permission. Turkish Cypriots have difficulty traveling to most
countries because travel documents issued by the "TRNC"
authorities are not generally recognized.
The Government of Cyprus does not accept third-country refugees
for resettlement in Cyprus on the grounds that it already has
enough responsibilities in caring for those displaced after the
1974 Turkish intervention. All refugee and asylum claimants
are referred to the United Nations High Commissioner for
Refugees (UNHCR), who is expected to process their applications
and ensure their departure from Cyprus. The Government has
been cooperative in extending residency permission to those
under consideration by the UNHCR and does not generally
repatriate claimants to their home country. There has not been
any resettlement of internal refugees, despite U.N. resolutions
calling for such resettlement.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government
Both the Government of Cyprus and the Turkish Cypriot
administration have lively multiparty political systems.
Political parties compete for popular support actively and
without restriction. Suffrage is universal, and elections are
held by secret ballot. Elections for the office of President
of the Republic of Cyprus are held every 5 years and for the
House of Representatives every 5 years or less.
The Turkish Cypriots elect a leader and a representative body
every 5 years or less. The Turkish Cypriot voters went to the
polls on December 12 in an early election that brought
opposition party representatives back into the "assembly" and
resulted in a new coalition "government." The opposition
parties had been boycotting the "assembly" since 1990 due to
allegations that the previous election law was unfair and that
Turkey had intervened in the campaign. Greek Cypriots and
Maronites living in the north--the latter having chosen before
independence in 1960 to be regarded as members of the Greek
Cypriot community--are barred by law from participating in
Turkish Cypriot elections but choose their own village
officials. They are eligible to vote in Greek Cypriot
elections but must travel to the south to exercise that right.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
There are organizations in both parts of the island that
consider themselves human rights groups but, with the exception
of one new Greek Cypriot group, all appear to be primarily
concerned with alleged violations of the rights of members of
their community by the other community. The new group was
established in response to increased allegations of police
brutality.
There are no restrictions preventing the formation of human
rights groups, and representatives of international human
rights organizations have access throughout the island.
Although it requests assistance from other governments in
resolving missing persons cases dating back to the 1974 Turkish
military intervention, the Government of Cyprus would not
submit outstanding cases to the United Nations Committee on
Missing Persons which meets in Cyprus. In November the Cyprus
government agreed to begin submitting all of its remaining
cases to the U.N. Committee on Missing Persons and to review
the criteria for closing out these files.
Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status
Women
Throughout Cyprus, women generally have the same legal status
as men, although women's groups in the Turkish Cypriot
community contend that the law regulating divorce discriminates
against women. While legal provisions requiring equal pay for
men and women performing the same job are effectively enforced,
many women's rights advocates complain that women
disproportionately fill lower paying jobs. Apparently most
private employers successfully implemented a 1989 law requiring
equality of pay between men and women working in the private
sector by the October 1992 deadline.
The Center Against Family Violence, a private Greek Cypriot
organization, reports a steady number of domestic abuse cases,
primarily violence against women by their husbands. Women can
and do pursue these cases in the courts: some 530 cases were
prosecuted in 1992, according to the Center, which indicates
the cases are treated seriously. Officials at the Center
believe greater openness is shown by many women on this
subject, which previously was considered taboo. The law
commissioner has drafted new legislation providing harsher
penalties for offenders, who would also be obliged to undergo
psychiatric treatment. This legislation was approved in
October by the Council of Ministers, which authorized the
Minister of Justice to submit the bill to the House. There is
no similar center in the Turkish Cypriot community. The
Turkish Cypriot authorities have not made pronouncements or
taken specific actions on this issue.
Western European journalists, including a Belgian author and a
British Broadcasting Corporation reporter, have labeled Cyprus
a center for trafficking in female prostitutes, primarily from
Eastern Europe, the Philippines, and Thailand. According to
the accusations, which are credible, the women are lured to
Cyprus by cabaret owners who promise them well-paying nightclub
"artiste" jobs and then force them into prostitution either in
Cyprus or in a third country. A loose coalition of women's
groups has been investigating the issue, alongside a
parliamentary inquiry. The Government established a fund to
provide for the welfare of women trying to escape such
servitude. Considerably fewer foreign "artistes" work in the
Turkish Cypriot community, but similar allegations are heard
privately that some of the women are mistreated and even forced
to prostitute themselves.
Children
Instances of child abuse are extremely rare in both
communities. Within the context of total resources available
to each community, spending on children's welfare is adequate.
National/Racial/Ethnic Minorities
Both the Government of Cyprus and the Turkish Cypriot
administration have constitutional or legal bars against
discrimination. Food, shelter, education, and health care are
available to members of both communities and the tiny Maronite,
Armenian, and Latin minorities, regardless of race, religion,
or ethnic background. Nevertheless, Greek Cypriots living in
the north, predominantly in the Karpass area, continue to
complain that they are unable to move about freely and are
unable to change their housing at will. Some Turkish Cypriots
living in the government-controlled area have claimed they are
often harassed by the community, including by the police.
According to some allegations, they are kept under surveillance
and questioned closely about their movements.
People with Disabilities
Physically or otherwise disabled individuals have no special
protection against discrimination in private sector employment
in Cyprus, and traditional attitudes are slow to change. In
the government-controlled area, disabled persons applying for a
public sector position are entitled to preference if they are
deemed able to carry out the position requirements and if their
qualifications equal those of other applicants. In the
Turkish Cypriot community, regulations require businesses to
employ 1 disabled person for every 25 positions they fill.
Still, enforcement appears unreliable. Disabled persons do not
appear to be discriminated against in education and the
provision of state services. The Cyprus Government enacted
legislation effective June 1 mandating that new public
buildings provide access for the disabled; in August new
regulations were implemented stipulating that any new hotel or
tourist resort provide access points and necessary facilities
for disabled persons. The Turkish Cypriot community so far has
not enacted legislation or otherwise mandated provision of
accessibility for the disabled.
a. The Right of Association
All workers in Cyprus, except for members of the police and
military forces, have the legal right to form and join trade
unions of their own choosing without prior authorization. More
than 90 percent of Greek Cypriot workers and 40 to 50 percent
of Turkish Cypriot workers belong to independent trade unions.
Union officials in the north, however, allege that the ruling
party has tried to weaken public sector unions by supporting
the establishment of rival unions; the union officials have
taken their complaints to the International Labor Organization
(ILO). The ILO has not given an official reply to these
complaints, which are difficult to substantiate. In both
communities, trade unions freely and regularly take stands on
public policy issues affecting workers and maintain their
independence from the Government, although most are closely
aligned with political parties.
Cypriot workers have the right to strike. Several strikes
occurred in 1993. Strikes usually are of short duration. Both
the Government of Cyprus and the Turkish Cypriot authorities
have the power to curtail strikes in what they deem to be
"essential services."
Unions in both parts of Cyprus freely take part in
international meetings. Most unions are affiliated either with
the International Confederation of Free Trade Unions or with
the formerly Soviet-controlled World Federation of Trade
Unions. Labor unions, more than most other organizations in
Cyprus, attempt to maintain contact and cooperation across the
dividing line, but this remains limited, mostly by Turkish
Cypriot authorities.
b. The Right to Organize and Bargain Collectively
By law, trade unions and confederations are free to organize
and to bargain collectively in both parts of Cyprus. This is
observed in practice in the south, and most wages and benefits
are set by freely negotiated collective agreements. In the
north, wage levels in many sectors are largely pegged to the
annual change in the minimum wage, set by a special commission
composed of five representatives each from organized labor,
employers, and the authorities. Union leaders contend that
private sector employers are able to discourage union activity
because enforcement is weak and penalties for antiunion
practices are minimal. In both the north and the south,
parties to a dispute may request mediation by the authorities.
Small export processing zones exist in Larnaca port in the
south and Famagusta in the north, but the laws governing
working conditions and actual practice are uniform throughout
the country.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law, and no
instances of it were reported.
d. Minimum Age for Employment of Children
The Government of Cyprus has set the minimum age for employment
of children in an "industrial undertaking" at age 16. In the
north, the age is 15. Government labor inspectors effectively
enforce the law in both sectors.
e. Acceptable Conditions of Work
The legislated minimum wage in the south is renewed every year
and covers clerks, salespersons, nursery assistants, practical
nurses, and hairdressers. It is not sufficient to provide an
adequate living for a worker and family. All other occupations
are covered under collective bargaining agreements between
trade unions and employers within the same economic sector, and
the minimum wages set in these agreements are significantly
higher than the legislated minimum wage. The legislated
minimum wage in the Turkish Cypriot area, while more broadly
applicable and renewed annually after tripartite negotiations,
would not be adequate to support a worker and family. Most
workers earn more than the minimum wage.
The Government of Cyprus has set 40 hours as the standard
workweek except for shop workers and drivers, whose legal
workweek is 42 hours. In 1992, however, Greek Cypriot unions
won concessions that will reduce the workweek by one-half hour
per year until 1997 when a 38-hour workweek will be in place
for most sectors of the economy. In the north, the standard
workweek is 38 hours in the winter and 36 in the summer.
Government labor inspectors effectively enforce these laws.
Although standards in both sectors are not equivalent to those
in Western industrialized countries, occupational safety and
health regulations are administered effectively. In both
sectors, a factory inspector receives and processes complaints
and inspects businesses in order to ensure that occupational
safety laws are observed. Workers who file complaints are
protected by law and the court system in the Greek Cypriot
sector but not in the Turkish Cypriot sector. In both sectors,
however, workers risk losing their jobs if they unilaterally
remove themselves from a position which they believe endangers
their health.