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Title: Cyprus Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
CYPRUS
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 a Turkish Cypriot
administration. In 1983 that administration proclaimed itself the
"Turkish Republic of Northern Cyprus" ("TRNC"), which is recognized only
by Turkey. Substantial numbers of Turkish troops remain on the island.
In both the government-controlled areas and in the Turkish Cypriot
community there is a generally strong regard for democratic principles.
Glafcos Clerides was elected President of the Republic of Cyprus in
1993; in April Turkish Cypriots reelected Rauf Denktash as their leader.
Police in the government-controlled areas and in the Turkish Cypriot
community are responsible for law enforcement. Police forces operating
in the government-controlled areas are under civilian control, while
Turkish Cypriot police forces are directed by military authorities. In
general, the police forces of both sides respect the rule of law, but
there were occasional instances of abuses by the Republic of Cyprus
police.
Both Cypriot economies operate on the basis of free market principles,
although in both communities there are significant administrative
controls. The government-controlled part of the island has a robust,
service-oriented economy, with declining agriculture and manufacturing
sectors. Growth in the government-controlled economy is expected to be
4.0 percent. Tourism generates 22 percent of the gross domestic product
(GDP) and employs 26 percent of the labor force. In 1994 per capita
income on the Greek Cypriot side was $11,350, inflation less than 5
percent, and unemployment 2.7 percent. The Turkish Cypriot economy,
which relies heavily on subsidies from Turkey, is burdened by an overly
large public sector. It is basically service oriented, as in the south,
but has a relatively smaller tourism base and a larger agricultural
sector. Per capita income in the north was less than $3,000 in 1994, a
20 percent decline over 1993 as GDP fell by over 4 percent. Inflation
reached 212 percent in 1994 as a result of the drastic devaluation of
the Turkish lira. Inflation is forecast to drop to about 80 percent in
1995, and real growth is expected to be positive, at about 2 percent.
Significant problems in the Turkish Cypriot economy also included
widespread power outages which began in mid-1994 and continued until
late April.
The Republic of Cyprus and the Turkish Cypriot authorities generally
respect human rights norms and practices. However, police brutality and
discrimination and violence against women continue to be problems.
Although the Turkish Cypriot authorities took positive steps to improve
the conditions of Greek Cypriots and Maronites living in the territory
under their control, the treatment of these groups still falls short of
Turkish Cypriot obligations under the Vienna III agreement of 1975. The
Turkish Cypriot authorities continued to impose significant restrictions
on meetings between members of the two communities. Greek Cypriot women
are denied the right to pass citizenship to their children if they are
married to foreign spouses.
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 other extrajudicial killings.
b. Disappearance
While political disappearances do not occur in Cyprus, the Turkish
Cypriot military authorities failed to notify United Nations Forces in
Cyprus officials on three occasions that they were holding Greek
Cypriots who had crossed the buffer zone. In one instance, these
authorities denied holding a Greek Cypriot national guardsman for 5 days
in November after they had seized him.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
Both the Constitution of the Republic of Cyprus and the basic law
governing the Turkish Cypriot community specifically prohibit torture.
The law in both communities provides for freedom from cruel, inhuman, or
degrading treatment or punishment. Respect is generally accorded to
these prohibitions throughout the island. However, in November it was
revealed that police in Limassol had, until 1992, used "torture
chambers" to force confessions from detainees. According to a team
comprising a former Supreme Court justice and prominent attorneys,
police hung at least 11 victims by their feet and applied electric
shocks to their genitals. On November 5, the Government announced it
would pay compensation to eight of the victims. On November 11, the
Council of Ministers announced its intention to fire 12 police officers,
including the Limassol police chief. The officers involved have
maintained their innocence and taken legal action to prevent their
firing.
Republic of Cyprus police were also accused of torturing suspected
Turkish Cypriot drug smuggler Erkan Egmez. Egmez was arrested October 7
along with eight Greek Cypriots. Charges were dropped against the
eight. Egmez appears to have been seriously beaten in the period during
and after his arrest and eventually required 10 days of hospitalization.
According to some eyewitnesses, hooded police officials continued
beating Egmez even as he was being admitted into the hospital. On
December 1, the Attorney General ordered Egmez' release after announcing
there was insufficient evidence to try the case. The Attorney General
has announced that the alleged mistreatment by the police will be
investigated by the Republic's ombudsman.
A Greek Cypriot mistakenly arrested in 1994 for bank robbery and
allegedly beaten by police settled his case pending before the European
Court of Justice. The Government agreed to compensate the individual.
Parliament failed to pass a proposed bill addressing police brutality;
the bill was reintroduced in the fall.
There were no public allegations or media reports of police brutality in
the Turkish Cypriot community, although credible reports indicate that
some detainees received harsh treatment at the hands of police during
pretrial detention.
Prison conditions are generally adequate in both communities.
d. Arbitrary Arrest, Detention, or Exile
Throughout Cyprus, laws providing for freedom from arbitrary arrest and
detention are respected by the police. Judicially issued arrest
warrants are required. No one may be detained for more than 1 day
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.
In July Turkish Cypriot police took a prominent religious figure, sheikh
Nazim Kibrisi, into custody from a Kyrenia mosque after the sheikh
criticized the Turkish Cypriot authorities for their handling of a large
forest fire in late June. The sheikh was later released and no charges
were filed against him. Turkish Cypriot leader Denktash later expressed
regret at the incident.
Exile is specifically prohibited by the Constitution and by the basic
law governing the Turkish Cypriot community.
e. Denial of Fair Public Trial
Under the Republic's Constitution and the basic law governing the
Turkish Cypriots, the judiciary is independent of executive or military
influence 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. Throughout Cyprus, fair
public trial is provided for in law and accorded in practice.
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. 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 reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Both the Cyprus Constitution and the basic law governing the Turkish
Cypriot community include provisions protecting the individual against
arbitrary interference by the authorities. A judicial warrant is
required for a police official to enter a private residence.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press are provided for by law and are freely
practiced throughout the island. The proliferation of party and
independent newspapers and periodicals in both communities enables ideas
and arguments to circulate freely, and opposition papers frequently
criticize the authorities. Several private television and radio
stations in the Greek Cypriot community compete effectively with the
government-controlled stations. Turkish Cypriot authorities retain a
monopoly over local radio and television, which tend not to criticize
them. Two small university-run radio stations in Nicosia and Famagusta
are continuing their operations under a temporary permit. International
broadcasts are available without interference throughout the island,
including telecasts from Turkey and Greece.
Academic freedom is accorded wide respect throughout the island.
b. Freedom of Peaceful Assembly and Association
The freedom to associate, organize, and hold meetings is protected by
law and respected in practice.
c. Freedom of Religion
Freedom of religion is respected in Cyprus. 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.
Both Turkish Cypriots residing in the southern part of the island and
non-Muslims in the north are allowed to practice their religion.
However, Greek Cypriots resident in the Turkish Cypriot-controlled area
face significant restrictions on their right to visit an important
pilgrimage site in the Karpass, the Apostolos Andreas monastery, and a
shortage of priests, despite guarantees in both these regards under the
1975 Vienna III agreement. There was some easing of access to Apostolos
Andreas in 1995: in August a group of expatriate Greek Cypriots and
American congressmen visited the monastery. A group of 70 Greek
Cypriots resident in the government- controlled area visited Apostolos
Andreas in November. Also in November, the Turkish Cypriot authorities
announced that Greek Cypriots resident in the north would be allowed to
visit the monastery on religious holidays.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
Turkish Cypriots and Greek Cypriots enjoy freedom of movement within
their respective areas. Despite some liberalization in 1995, Turkish
Cypriot authorities continue regularly to deny permission for travel by
Turkish Cypriots into the government- controlled areas. 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 Greek Cypriot community.
Many of these applications are denied, often without an official reason,
although the basis for most denials is clearly political and related to
the state of intercommunal relations.
Turkish Cypriot authorities usually grant the applications of Greek
Cypriot residents in the north to visit the government-controlled area.
The right to visit the south was expanded in July to allow monthly
visits of 5 days per visit. In November this right was further extended
to 15 days per month (previous rules allowed only quarterly visits of 7
days per visit). Turkish Cypriot authorities began as well to allow
monthly visits of a day for close relatives of Greek Cypriots living in
the Karpass. However, implementation of the new regulations has been
inconsistent. The applicants must return within the designated period
or risk losing their right to return and their property, although this
rule is rarely enforced in practice. Also under the new regulations,
Turkish Cypriot authorities allow monthly visits by close relatives of
Greek Cypriots resident in the north and, as in the past, permit school
holiday visits by children under the ages of 16 (male) and 18 (female)
residing in the government-controlled area. Turkish Cypriot authorities
apply generally similar but slightly looser restrictions to visits by
Maronite residents of the north to the government-controlled area and
visits by Maronites living in the south to Maronite villages in the
north.
Previously, persons of Greek Cypriot or Armenian origin, or even persons
having Greek or Armenian names, faced considerable difficulties entering
the north. In the summer, the Turkish Cypriots instituted a new policy
under which third country nationals of Greek Cypriot origin would be
permitted to visit the Turkish Cypriot-controlled areas. Under the new
regulation, several groups of Americans of Greek Cypriot origin visited
the north during the summer and fall. During the same period, however,
implementation of the new procedures was inconsistent, and several
persons entitled to cross under the new guidelines were denied
permission without apparent cause.
The Turkish Cypriot authorities also stated that Greek Cypriots living
in the areas under their control would no longer require police permits
for travel to Famagusta or Nicosia. According to the new policy, the
areas where travel without prior authorization would be permitted will
gradually expand. However, members of the Maronite community living in
the north continued to need permits even to visit neighboring villages
and are generally denied permission to visit areas in the north other
than Morphou and Nicosia.
The Republic of Cyprus authorities permit only day travel by tourists to
the northern part of the island. They have declared that it is illegal
to enter Cyprus except at authorized entry points in the south,
effectively barring entry into the government-controlled area by
foreigners who have entered Cyprus from the north. Following the March
1994 assassination of the director of a Greek Cypriot association
supporting Kurds in Turkey, the authorities placed significantly tighter
controls on the movement of Turkish Cypriots to the areas under their
control. Institutions and individuals sponsoring visits of Turkish
Cypriots to the government-controlled areas must notify the police in
advance and provide them with an exact itinerary.
In March the European Court of Human Rights ruled that certain
reservations made by Turkey when it acceded to the European human rights
convention were invalid. Thus, beginning in September, the Court was
scheduled to hear the case of a Greek Cypriot woman who alleged that
Turkey is responsible for depriving her of the use of her lands in the
Turkish Cypriot-controlled areas.
The authorities respect the right to travel abroad and to emigrate.
Turkish Cypriots have difficulty traveling to most countries because
travel documents issued by the "Turkish Republic of Northern Cyprus" are
recognized only by Turkey. Most Turkish Cypriots resort to utilizing
Turkish travel documents instead.
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 for consideration. The
Government has been cooperative in extending residency permission to
those with pending applications and does not generally repatriate
claimants to their home country.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
Multiparty political systems exist throughout Cyprus. Under the
Republic's Constitution, 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 are
held every 5 years and for members of the House of Representatives every
5 years or less. The small Maronite, Armenian, and Latin communities
elect non-voting representatives from their respective communities, in
addition to voting in elections for voting members. However, under the
terms of the 1960 Constitution Turkish Cypriots may only vote for the
position of the Vice President and for Turkish Cypriot Members of
Parliament. As a result, Turkish Cypriots living in the government-
controlled area may not vote.
The Turkish Cypriots elect a leader and a representative body every 5
years or less. In April the Turkish Cypriot voters elected Rauf
Denktash in elections deemed by observers to be free and fair. Greek
Cypriots and Maronites living in the north are barred by law from
participating in Turkish Cypriot elections. They are eligible to vote
in Greek Cypriot elections but must travel to the south to exercise that
right. They may also choose their own village officials but those
elected are not recognized by the Government of Cyprus.
In both communities, women face no legal obstacles to participating in
the political process. While clearly underrepresented in government,
they hold some cabinet-level and other senior positions.
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 they are generally concerned with
alleged violations against the rights of their community's members by
the other community. Groups with a broad human rights mandate include
organizations promoting awareness of domestic violence and others
concerned with alleged police brutality.
There are no restrictions preventing the formation of human rights
groups. Representatives of international human rights organizations
have access throughout the island.
The United Nations is engaged in resolving the missing persons dilemma
which remained from the 1974 conflict. Both sides have completed
submission of their cases to the U.N. Committee on Missing Persons. On
October 6, President Clerides announced that his side would not be
submitting some of the cases included among the 1,619 persons claimed to
be missing, since it was clear that some of them were in fact dead.
Both sides have offered to cooperate with a U.S. effort to determine the
fates of five American citizens of Greek Cypriot origin who disappeared
in the 1974 conflict.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Legislation in both communities provides for protection against
discrimination based on sex, national, racial or ethnic status, or
religion. While such laws are generally respected by each community,
significant problems remain with the treatment of the Greek Cypriots and
Maronites living in the north and, to a lesser extent, with the
treatment of Turkish Cypriots living in the government-controlled area.
Homosexuality is illegal in Cyprus, and a bill presented to
decriminalize such activities failed to pass in 1995.
Women
There are reports of spousal abuse in the Greek Cypriot community, and
the problem is believed to be significant. There is little public
discussion of domestic violence in the Turkish Cypriot community,
although a women's shelter opened in 1994. Domestic violence cases are
rare in the Turkish Cypriot legal system. In the Greek Cypriot
community, a law aimed at making spousal abuse easier to report and
prosecute that was enacted in July 1994 has had little impact because
key provisions remain unfunded and therefore unimplemented. Many
suspected cases of domestic violence do not reach the courts, largely
because of family pressure and the wife's economic dependence on her
husband. An organization formed to address the domestic abuse problem
reports an increasing number of daily calls over its hot line, although
hard statistics on the number of incidents are not available. Very few
cases tried in the courts result in convictions.
Throughout Cyprus, women generally have the same legal status as men.
While legal provisions in both communities requiring equal pay for men
and women performing the same job are effectively enforced, women
disproportionately fill lower paying jobs.
In the Greek Cypriot community, women face discrimination that denies
them the ability to pass on citizenship to their children if they marry
foreign spouses. Under existing Cypriot law, only a Greek Cypriot male
may transmit citizenship to his children automatically or obtain
expeditious naturalization for his foreign spouse.
In the Turkish Cypriot community, women face discrimination in divorce
proceedings with regard to property acquired during the marriage.
Republic of Cyprus law forbids forced prostitution. However, there
continue to be allegations of forced prostitution in the Greek Cypriot
community, generally from East Asian or Eastern European night club
performers. To date there have been few arrests since the women,
fearing retaliation by their employers, generally do not bring charges.
There are also continuing allegations that Cyprus is a transit point for
trafficking in women. Both government and non-governmental authorities
believe, however, that this problem abated considerably in 1994 and
1995.
Reports on mistreatment of maids are frequent in the Greek Cypriot
press. These reports usually involve allegations that maids, usually
from East or South Asia, have been forced to work under inhuman
circumstances. While these women generally receive fair treatment when
their cases come before the courts, many women do not file charges due
to fear of retribution from their employers.
Children
Both the Government and the Turkish Cypriot authorities demonstrate a
strong commitment to children's welfare. There is no societal abuse of
children nor any difference in the health care and educational
opportunities avialable to boys and girls.
People with Disabilities
In the Greek Cypriot community, disabled persons applying for a public
sector position are entitled to preference if they are deemed able to
perform the required duties and their qualifications equal those of
other applicants. In the Turkish Cypriot community, regulations require
businesses to employ one disabled person for every 25 positions they
fill, although enforcement is ineffective. Disabled persons do not
appear to be discriminated against in education and the provision of
state services. Legislation also mandates that new public buildings and
tourist facilities provide access for the disabled. The Turkish Cypriot
community has not yet enacted legislation to provide for such access.
National/Racial/Ethnic Minorities
Both the Government of Cyprus and the Turkish Cypriot administration
have constitutional or legal bars against discrimination. Nevertheless,
Greek Cypriots living in the north are, despite recent improvements,
unable to move about freely (see Section 2.d.) and to change their
housing at will. Maronites living in the north face a pervasive system
of petty restrictions on their right of movement and generally lack
public services available in most other Turkish Cypriot areas. Some
Turkish Cypriots living in the government-controlled area face
difficulties in obtaining identification cards and other government
documents. There are persistent reports of harassment and surveillance
by the Greek Cypriot police.
Section 6 Worker Rights
a. The Right of Association
All workers, 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. In the government-controlled area, police
officers also have the right to join associations which have the right
to bargain collectively, although not to strike. More than 82 percent
of the Greek Cypriot work force belongs to independent trade unions.
Approximately 50 to 60 percent of Turkish Cypriot private sector workers
and all public sector workers belong to labor unions.
In the Turkish Cypriot community, union officials have alleged that
various firms have been successful in establishing "company"
organizations and then applying pressure on workers to join these
unions. Officials of independent labor unions have also accused the
Turkish Cypriot authorities of creating rival public sector unions to
weaken the independent unions. The International Labor Organization
(ILO) has not yet acted on these complaints. There are no complaints
outstanding against the Government of Cyprus.
In both communities, trade unions freely and regularly take stands on
public policy issues affecting workers and maintain their independence
from the authorities. Two of the major trade unions, one in each
community, are closely affiliated with political parties. Both of the
remaining major unions are independent.
All workers have the right to strike, and several strikes, usually of
short duration, occurred. In the northern part of the island, however,
a court ruling from 1978 gives employers an unrestricted right to hire
replacement workers in the event of a strike, effectively limiting the
effectiveness of the right to strike. Authorities of both the Greek
Cypriot and Turkish Cypriot communities have the power to curtail
strikes in what they deem to be "essential services," although this
right is rarely used.
Unions in both parts of Cyprus are able to affiliate with international
trade union organizations.
b. The Right to Organize and Bargain Collectively
Trade unions and confederations by law are free to organize and bargain
collectively throughout Cyprus. This is observed in practice in the
government-controlled areas, and most wages and benefits are set by
freely negotiated collective agreements. However, Greek Cypriot
collective bargaining agreements are not enforceable under the law. In
the rare instances when such agreements are believed to have been
infringed, the Ministry of Labor is called in to investigate the claim.
If the Ministry is unable to resolve the dispute, the union may call a
strike to support its demands. In practice, however, such alleged
violations are extremely rare, and there were no reported instances in
1995. In the Turkish Cypriot community, where inflation exceeded 80
percent over the year, wage levels are reviewed twice a year for the
private sector and six times a year for public sector workers, and a
corresponding cost-of-living raise is established. A special commission
composed of five representatives each from organized labor, employers,
and the authorities conducts the review. Union leaders contend that
private sector employers are able to discourage union activity because
enforcement of labor and occupational safety regulations is sporadic and
penalties for antiunion practices are minimal. As in the Greek Cypriot
community, parties to a dispute may request mediation by the
authorities.
Small export processing zones exist in Larnaca Port and Famagusta, but
the laws governing working conditions and actual practice are the same
as those outside the zones.
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
In both the Greek Cypriot and Turkish Cypriot communities, the minimum
age for employment of children in an "industrial undertaking" is 16
years. Turkish Cypriots may be employed in apprentice positions at age
15. However, in family-run shops it is common to see younger children
working. Official labor inspectors effectively enforce the law in both
communities.
e. Acceptable Conditions of Work
The legislated minimum wage in the Greek Cypriot community, which is
reviewed every year, is currently about $432 per month (216 Cyprus
pounds) for shop assistants, practical nurses, clerks, hairdressers, and
nursery assistants. This amount is insufficient 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 subject
to frequent review because of high inflation, is approximately $180 per
month (9 million Turkish lira) as of mid-1995. This amount is not
adequate to support a worker and family, although most workers earn more
than the minimum wage.
A significant percentage of the labor force in the north consists of
illegal workers, mostly from Turkey. According to some estimates,
illegal workers constitute as much as 25 percent of the total work force
in the area under Turkish Cypriot control. There are frequent
allegations that such workers are subject to mistreatment, including
nonpayment of wages and threats of deportation.
In the Greek Cypriot community, the standard workweek is an average of
39 1/2 hours in the private sector. In the public sector, it is 37 1/2
hours during the winter and 35 hours in the summer. In 1992, however,
Greek Cypriot unions won concessions that will reduce the workweek for
most blue collar workers 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
Turkish Cypriot community, the standard workweek is 38 hours in winter
and 36 hours in summer. Government labor inspectors effectively enforce
these laws.
Greek Cypriot labor union leaders have complained that occupational and
safety standards lack important safeguards. Factories are typically
licensed by municipalities rather than by the Government, resulting in
an uneven application of environmental and work safeguards. While a
proposed bill to harmonize health and safety standards with those of the
European Union failed to win approval in 1995, it continues to receive
widespread support and is expected to pass in 1996.
Occupational safety and health regulations are administered at best
sporadically in the Turkish Cypriot area. In both areas, a factory
inspector processes complaints and inspects business in order to ensure
that occupational safety laws are observed. Turkish Cypriot workers who
file complaints do not receive satisfactory legal protection and may
face dismissal.
(###)
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