Women’s Information and Support Center

 

Six Month Country Report

2006

“Monitoring the Detention Conditions in Detention Centers

for Asylum Seekers in the New Member States”

 

This text is a follow-up report covering the first six months of the annual Program entitled “Monitoring the Detention Conditions in Detention Centers for Asylum Seekers in the New Member States”, which was launched on 1^st January 2006. The report incorporates the findings, the legal framework and the recommendations of international and national bodies included in the Apanemi quarterly report, as well the latest relevant developments.

 

Regrettably, this report presents in fact only the frustrating process of making observations under conditions of restricted access to the actual detention centres[1] and the complete lack of cooperation by the competent authorities (Ministry of Justice and Public Order, Police, Immigration Police etc)[2]. At the same time, an explosive situation has developed in the detention centres[3], which has led to hunger strikes, uprisings, escapes, family separations and prolonged detention. Prolonged detention is becoming a permanent situation, whilst the competent authorities are announcing measures such as a new detention centre to be completed in two to three years. At the same time, the Cyprus Government denies “ETHNOPAD”[4], the national committee appointed by the government itself for monitoring human rights in Cyprus, unrestricted access to the detention centres.

 

Even though the purpose of this report is to present the current situation in Cyprus, it is not possible to avoid the temptation of comparing the situation in Cyprus with that encountered in another new member state, namely the Czech Republic, where there is unrestricted access to detention centres and the implementation of new forms of open detention centres for asylum seekers in the country[5].

 

Briefly, this report summarises the following points:

 

·        The new Recommendation Report by the Council of Europe former Commissioner for Human Rights Alvaro Gil-Robles Robles (see Appendix I).

·        The persistent and permanent reluctance to grant access by the former Minister of Justice and Public Order, Doros Theodorou, and the acting Chief of Police, Charalampos Koulentis, and their authorities--with the latter failing even to answer correspondence and telephone calls.

·        The communication with relevant bodies: UNHCR, ETHNOPAD, Ombudsman and local NGOs.

·        Findings made by observations of Apanemi made by name-referral in the four main detention centres (Block 10, Lakatamia Police Station, Aradippou Police Station, Limassol Police Station).

·        Media reports on the uprisings in the detention centres.

·        The commitments made publicly by the Cyprus Government regarding the building of a new, bigger detention centre.

·        Comments and recommendations by Apanemi.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The new Recommendation Report by former Commissioner for Human Rights Robles (see entire report: Appendix I)

…”

40. The Commissioner remains extremely concerned at the length of time asylum seekers (some rejected and some not) are kept in police detention awaiting deportation. While conditions may be adequate for short-term stays, they do not lend themselves to stays of the length currently reported.[6] Further investment is clearly necessary. The Commissioner recommends that detainees should have better access to information, and should be allowed regular visits from NGOs and that a limit on the length of detention be introduced. Alternatives to detention should also be seriously considered by the authorities.”….

 

 

Cooperation with the Authorities

During a meeting at the Ministry of Justice and Public Order between the Minister, Doros Theodorou, and the representative of Apanemi, the Minister addressed the Apanemi representative with the following words: “(Ask…)…anything else but aid to asylum seekers. Support victims of domestic violence instead, but not asylum seekers. Change the subject!”[7].

 

Further repeated attempts to discuss matters relating to the detention conditions of asylum seekers with the acting chief of the Police, Charalampos Koulentis, initiated by Apanemi from the beginning of the Program, remained unanswered. During visits at police stations serving as detention centres for asylum seekers, which were made under the provisions of the law on the individual counselling and support of the detained asylum seekers, the cooperation with officers was generally fruitful. However, in some cases, especially at Block 10, even this restricted access was denied without any explanation.

 

The only official response on these matters came from the Asylum Service of the Ministry of Interior as a reaction to the comments included in the quarterly report March 2006[8].

 

Cooperation with other bodies

The hostile stance towards any sort of human rights organizations stretches even to the very committee appointed by the Government of the Republic of Cyprus to monitor the situation of human rights in the country. International bodies such as the UNHCR have not successfully addressed the issue of detention centres in Cyprus. The absence of other international bodies (IOM, Amnesty International etc) creates a gap in the process of monitoring and intervention in relevant matters. Civil society, as highlighted elsewhere, is less effective in Cyprus at advocating on behalf of target groups of beneficiaries, especially in the field of immigrants’ rights.

 

An indication of how this stance is expressed is depicted in the decision of the Council of Ministers following a recommendation of Minister of Justice and Public Order, Doros Theodorou, to grant access to ETHNOPAD[9] after special petition to the police, even though the law which came in force in December 2005 provides unconditional access to ETHNOPAD, Ombudsman and the diplomatic delegations in Cyprus[10].

 

During a UNCHR coordination meeting, at which governmental and non governmental institutions were present, the UNCHR addressed the issue of lack of statistical data. The police representative acknowledged the difficulty of collection and processing such data.

 

On another occasion at a joint meeting between the UNHCR, Apanemi and an OPU representative during her study visit to Cyprus, the UNCHR was unable to disclose any information regarding the progress in the communication with the Chief of Police on the detained asylum seekers, but confirmed the existence of a problematic situation regarding the reasons and conditions of detention and the access to detention centres[11]. At the same meeting, Apanemi asked the UNHCR for specific comments on whether it has inspected detention centres in urban areas and whether it is informed about the location of detained asylum seekers. The answer to both questions was negative.

 

For the purposes of this report, there was no input on behalf of the Ombudsman, in the form of a response to a letter addressed to the Ombudsman’s Office. According to media reports published on 9^th June 2006, the Ombudsperson, Ms. Iliana Nikolaou, inspected Block 10 shortly after the uprising carried out by detained asylum seekers. According to the same media reports, Ms. Nikolaou once again described the conditions of detention as inappropriate[12].

 

The European Committee for the Prevention of Torture has not held any official visit to Cyprus this year. This weakens even further the collection of information on the situation.

 

The stance of some NGOs during the June asylum seekers’ demonstrations is still to be revealed as the demonstrations were questionable in their effects and consequences, in the form of arbitrary arrests if not deportations of immigrants. Further, these actions had a negative impact on the possibility of asylum seekers to access both procedures and public opinion. Other NGOs kept a more prudent stance by observing and reporting to the EU and international bodies on human right violations, stressing that the problems encountered in Cyprus result from political decisions and the failure of political decision makers to act in accordance with the law.

 

 

Findings

The main four detention centres, “Block 10”, “Lakatamia Police Station”, “Aradippou Police Station” and “Limassol Police Station” have not been accessed by Apanemi staff. On some name-referral cases however, while providing psychosocial support, Apanemi used the opportunity to ask detained asylum seekers about their conditions of detention. Based on the information gathered in this way, it appears that not even the slightest improvement has occurred since the March 2006 report. On the contrary, various reports indicate that in many cases there has been a deterioration of the situation in terms of conditions and duration of detention (up to 17 months in some cases), the overcrowding of the detention centres, the complete absence of mental and physical health care and any sort of occupation or recreation.

 

The uprising of the detained asylum seekers at Block 10 and the prolonged hunger strike in the Limassol Police Station offer an indication of how bearable the situation has become for the detainees[13].

 

The separation of family members, especially of mothers from their children, is frequent. State agencies appear unable to address issues of daily communication or even breastfeeding.

 

The absence of a gender-sensitive approach is evident in all practices and stages of the detention process. Women are penned in ad hoc arrangements in the back rooms of police stations, while they are deprived of the right to have female police officers in charge at the various stages of detention. The absence of any legal representation, by NGOs or other bodies, exposes detained asylum seekers to exploitation and abuse. Already, a case involving a lawyer has been presented to the disciplinary body, chaired by the attorney general.

 

The media reports round up on the uprisings in the detention centres

Appendix II

 

Government public commitments

See Appendix II

 

 

Comments and recommendations by Apanemi

 

Since there has be no progress since the issue of recommendations after the publishing of the previous quarterly report, all recommendations included in it culminate in the following four pivotal points:

 

There is an immediate need for a change in the stance held by the Ministry of Justice and Public Order regarding Asylum Seekers especially the conditions in the detention centres. Cyprus being signatory to international and European conventions, protocols and covenants took upon itself the human rights approach as commitment. When it comes to issues related with detention, especially for asylum seekers, it becomes a necessity since the treatment and conditions in most, if not all cases are inhumane.

 

There is an immediate need for an open, transparent and democratic dialogue amongst governmental, non-governmental and civil society partners, regarding detention and detention conditions. Such a process should lead in a series of immediate, effective measures with the participation of social partners within a flexible form following transparent procedures.

 

There is a strong need for an elevated involvement of the Ministry of Interior regarding asylum seekers in detention and the eventual handing over of responsibility by the Immigration Police to the Ministry of Interior using the experience gained in other member states.

 

All above recommendations can only be successfully implemented if there is a significant shift in the way the Cyprus government regards detained asylum seekers, which should not be treated like criminals.

 

Appendices:

 

 

 

Appendix I: Alvaro Gil-Robles Follow up Report, The Commissioner for Human Rights, March 2006.

 

 

Appendix II:  Media reports