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International Covenant on Civil and Political Rights

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International Covenant on Civil and Political Rights INTERNATIONAL COVENANT Distr. GENERAL ON CIVIL AND CCPR/o/l/Add.28 POLITICAL RIGHTS 26 June 1978 Original ; ENGLISH Human Rights Committee Fourth session CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVEHAlff Initial reports of States Parties due in 1977 Addendum CYPRU [27.May 1978] Part I General Almost all the rights recognized in the present Covenant are protected by the constitution of the Republic of Cyprus which is the Supreme Law of the Republic by virtue of Article 179 of the constitution. Moreover the present Covenant which has been approved by law 14-Qf 1969 of the Republic of Cyprus, forms part of the municipal law of Cyprus and with superior force to any other municipal law (Article 169(3 ) of the constitution). In Part II of this report each right recognized in the present Covenant shall be examined separately, setting out the corresponding provision of the constitution as well as the legislative or other measures which are in force and which give effect to certain provisions of the Covenant. The answer to all the queries set out in paragraph 3 Part I of the "General Guidelines regarding the form and contents of reports from State Parties under article 40 of the Covenant" .(adopted by the Human Rights Committee at its 2nd Session - August 1977).shall be given in Part II of this report. 2. Under article 183 of the Constitution, of Cyprus (the text, of which was given to the Committee at its 2nd session by the Representative of Cyprus) the Government of Cyprus has poxrer to declare by proclamation a state of emergency and suspend certain, .articles of the Constitution to the same effect as the provisions of article 4 of the Covenant. ■ Additional information submitted by the Government of Cyprus in connexion with the initial report, of Cyprus (CCPR/C/I/Add,6) which was considered by the Committee at its 27th and 28th meetings on 17 August 1977 (see CCPR./C/SR.27 and 28). CCPR/C/I/Add.28 page 2 Part II Article 1 The Republic of Cyprus respects the right of all peoples to self-determination as defined in the Covenant (and which, as stated above, forms part of the Cyprus municipal law). Furthermore, in accordance with paragraph 3 of article 1 of the Covenant the Republic of Cyprus has always, since her emergence from colonial rule1to independence in i960, been in the vanguard of all peoples fighting for the exercise of their right to self-determination and has supported them with all means at its disposal. Article 2 (i) paragraph 1 The equality of enjoyment and protection of human rights is safeguarded by the provisions of Article 28 (2) of the Constitution of Cyprus which provides that "every person shall enjoy all the rights and liberties provided for in this Constitution without any direct or indirect discrimination against any person on the ground of his community, race, religion, language, sex, political or other convictions, national or social descent, birth, colour, wealth, social class, or on any ground whatsoever, unless there is express provision to the contrary in this Constitution". (ii) paragraph 2 The Republic of Cyprus has adopted a number of legislative measures which are necessary to give effect to certain provisions of the Covenant. (iii) paragraph 3 (a) Mere declaration of human rights without any provision for their enforcement would be purposeless-. For this reason the Constitution of Cyprus not only defines the rights in clear language but provides also effective remedies for their enforcement. The legislative, executive and judicial authorities of the Republic shall be bound to secure within the limits of their respective competence the efficient application of the provisions relating to fundamental rights and liberties (Article 35 of the constitution). Where a positive legislative action is required to be taken the legislature has a constitutional duty to take such action and enact the law required. On the other hand if the provision of any law is. in any way contrary to or inconsistent with the constitutional provisions such laxv may, on the question being raised in any judicial proceedings by any party aggrieved, be declared by the Supreme Court as unconstitutional when it becomes inapplicable to such proceedings (Article.144)• ' Any such decision of the Supreme Court is binding on all courts, organs,■authorities and persons in the Republic (Article 149)* CCPE/C/I/Add.28 page 3 If the fundamental rights of a- person are violated by any administrative act ■ or omission that person may apply to the administrative authority for redress under Article 29 of the Constitution and if he does not get satisfaction he may have recourse to the Supreme Court for the annulment of such act or omission as being contrary to the provisions of the Constitution or of any law or is made in excess or abuse of powers and the Supreme Court may declare that act as null and void or that such omission ought to have been made and that whatever has been omitted should have ■ been performed (Article 146 of the Constitution). Under paragraph 146 (6) in case of annulment of a decision the person on whose application the. decision was annulled is entitled to just and equitable compensation to be granted by a civil court on an action filed by him. Furthermore the person aggrieved may resort to the Supreme Court for any of the prerogative orders of mandamus or quo warranto (Article 155(4) of the Constitution). If a person is aggrieved by a judicial act he may appeal to the Supreme Court and further he may apply for an order of certiorari or prohibition. Further under Article 1 J2 of the Constitution, the Republic of Cyprus is liable to pay damages to any person who suffered damage caused by any wrongful act or omission committed in the exercise or purported exercise of the duties of officers or authorities of the Republic. This right of the individual is regulated by the Civil Wrongs Law (Chapter 148). Further, the Civil Wrongs Law, (Chapter I48) gives right to any person to claim damages against another person committing a civil wrong against him, e.g. in case of defamation, of assault, negligence, trespass, etc. (b) Remedies in respect of infringement of all rights are given by competent courts established under the provisions of Articles 152-155, both inclusive, of the Constitution, and Laws 14 of i960 and 33 of 1964. (c) There is adequate machinery through the Courts for the enforcement of all legal remedies. Disobedience to an order of the Cou^t is punishable by imprisonment. Execution of civil judgements is regulated by the Civil Procedure Law (Chapter 6) and the Civil Procedure Rules. Article 3 The corresponding article in the constitution is article 28(2) which has been set out above and which ensures the equal right of men and women to the enjoyment of all civil and political rights. Article 4 As has been stated above under Article 183 of the Constitution the Government of the Republic of Cyprus has power to declare by proclamation a state of emergency and suspend certain articles of the constitution to the same effect as the provisions of this article. Article 5 The fundamental rights safeguarded by the Constitution may be subjected to reasonable restrictions or limitations in the public interest. However, the constitutional provisions relating to limitations or restrictions of the CCPR/ C/l/Add „ 28 page 4 fundamental rights shall be interpreted strictly and shall not be applied for any purpose other than those for which they have been prescribed (Article 33(2) of the constitution). As decided by the Supreme Constitutional Court "legislation involving interference with the Fundamental Rights and Liberties safeguarded under the Constitution ,.. and their construction is governed by the settled principle that such provisions should be construed in case of doubt in favour of the said Rights and Liberties" (Case of Fina Cyprus Ltd/ Nicosia V. The Republic (4R.S.C.C. at p.33)). Article 6 Article 6 corresponds to-article 7 of the' constitution which provides s "1. Every person has the right to life and corporal integrity. 2. No person shall be deprived of his life except in the execution of a sentence of a competent court following the conviction of an offence for which this penalty is provided by law. Á law may provide for such penalty only in cases of premeditated murder, high treason, piracy, jure gentium and capital offences under military law. 3. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary - (a) in defence of person or property against the infliction of a ■ proportionate and otherwise unavoidable and irreparable evil 5 (b) in order to effect an arrest or to prevent the escape of a person lawfully detained; (c) in action talcen for the purpose of quelling a riot or insurrection, when and as provided by law." It is wider as it protects also corporal integrity and contains a limitation for the legislature which cannot impose the death sentence except in case of premeditated murder, high treason, piracy, jure gentium and capital offences under military law. True no provision is made about the crime of genocide in the constitution as in paragraph 3 of this Article. As regards paragraph 4 S article 53 of the constitution provides that ; "1. The President or the Vice-President of the Republic shall have the right' to exercise the prerogative of mercy with regard to persons belonging to their respective Community who axe condemned to death.
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