CYPRUS 2015 HUMAN RIGHTS REPORT Since 1974 the southern part of Cyprus has been under the control of the government of the Republic of Cyprus, while the northern part, administered by Turkish Cypriots, proclaimed itself the "Turkish Republic of Northern Cyprus" ("TRNC") in 1983. The United States does not recognize the "TRNC," nor does any country other than Turkey. A substantial number of Turkish troops remained on the island. A buffer zone, or "Green Line," patrolled by the UN Peacekeeping Force in Cyprus (UNFICYP), separates the two parts. REPUBLIC OF CYPRUS EXECUTIVE SUMMARY The Republic of Cyprus is a constitutional republic and multiparty presidential democracy. In 2013 voters elected President Nicos Anastasiades in free and fair elections. In 2011 voters elected 56 representatives to the 80-seat House of Representatives (Vouli Antiprosopon) in free and fair elections. Civilian authorities maintained effective control over the security forces. The most significant problems during the year remained trafficking in persons for sexual exploitation and labor; police abuse and degrading treatment of persons in custody and asylum seekers; and violence against women, including spousal abuse. Other problems during the year included: prison overcrowding; lack of separation of pretrial detainees from convicted criminals; prolonged detention of asylum seekers and irregular migrants in prison-like conditions; deportation of rejected asylum seekers before they had an opportunity to appeal their asylum decision; lack of full access to and administration of some religious sites; government corruption; incidents of violence against children; instances of discrimination and violence against members of minority ethnic and national groups; and societal discrimination against lesbian, gay, bisexual, transsexual, and intersex (LGBTI) persons. The government investigated and prosecuted corruption and officials who committed violations. Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary or Unlawful Deprivation of Life CYPRUS 2 There were no reports that the government or its agents committed arbitrary or unlawful killings. b. Disappearance There were no reports of politically motivated disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment The constitution and law prohibit such practices. There were reports, however, that police abused detainees. Reports continued that police engaged in heavyhanded tactics and degrading treatment of suspects. There were several allegations of police abuse during the year. On August 19, a video emerged showing two police officers beating a 26-year-old Greek Cypriot man in a cell in a Polis police station. The incident took place in February 2014 and was recorded by the closed-circuit television camera in the cell. The officers sprayed the young man's face with what appeared to be pepper spray and beat him with a truncheon. According to the victim's lawyer, who posted the video on Facebook, the police drug squad (YKAN) arrested the man and, although he was not found to be in possession of any contraband, took him to the station and detained him in handcuffs for having resisted a body search. Police reportedly denied him medical care or contact with a lawyer. In a subsequent scuffle with police officers at the police station, he injured an officer with a pocketknife that was still in his possession. On August 18, a court sentenced the man to 18 months in prison with a three-year suspension for resisting arrest and assaulting and injuring police officers. After his lawyer submitted a complaint about the beating, police recommended criminal prosecution of both officers. On August 27, the attorney general charged the officers with causing serious bodily harm and subjecting the man to cruel and inhuman treatment, charges that draw a maximum sentence of life in prison. A trial began on November 30. In December 2014 the Council of Europe's Committee for the Prevention of Torture (CPT) released the report on its September-October 2013 visit to the country. The CPT noted receiving a number of allegations that police mistreated persons in custody, mostly foreign nationals, during transport or interviews at a police station. Alleged mistreatment consisted primarily of slaps and punches and Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS mainly involved members of the Immigration and Aliens Police and the Crime Investigation Department. 3 During the year the ombudsman, who also acts as the country's national preventive mechanism under the Optional Protocol to the UN Convention against Torture, received several complaints of maltreatment, discriminatory and degrading behavior, including complaints of verbal, physical, and sexual abuse, from inmates in the Central Prison. Four investigations completed so far did not reveal any evidence substantiating the claims. Seven complaints submitted by female inmates that three female warders treated them inappropriately are still under investigation. A detainee at Menoyia Detention Center, the country's main immigration detention facility, complained to the ombudsman of mistreatment and the complaint was under investigation at year's end. After a number of visits, an NGO reported incidents of mistreatment of detainees by members of the staff at Menoyia Detention Center. The NGO reported that in May detention center personnel abused a detainee who had just returned from treatment at a psychiatric hospital and was refusing to take food. The same NGO reported that in July a group of warders beat up a detainee in his cell at the Menoyia Detention Center when he protested against being detained for deportation despite having lived in Cyprus for the past nine years with the status of international protection. Another NGO filed a complaint in April about degrading treatment of five foreign detainees at Paphos police station detention center. The Paphos police chief agreed in June to implement the recommendations made by the ombudsman following an investigation, whereupon the NGO withdrew its complaint. An NGO reported that in February 2014 police arrested a Sri Lankan woman while she and her three-year-old son were visiting her husband at the Lakatamia detention center and threatened her with deportation without her child. Authorities placed the child in foster care until the mother was released a month later. The Sri Lankan national was married to an EU citizen and had temporary residence. In 2013 she filed a complaint against three police officers, alleging they had arrested her without cause and beat her while she was 11 weeks pregnant, causing her to suffer a miscarriage. The Independent Authority investigated the 2013 complaint and in April 2014 reported that the attorney general ordered the criminal prosecution of the three officers. In addition, the police ordered disciplinary action against the three officers for negligence while on duty. An investigation by the Independent Authority, an independent committee appointed by the Council of Ministers to investigate alleged police abuse, also concluded that the complainant had terminated her pregnancy after the incident for unrelated personal reasons. Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS Prison and Detention Center Conditions Prison and detention center conditions, including detention centers for asylum seekers and undocumented migrants pending deportation, did not meet international standards, and prison overcrowding was a problem. 4 Physical Conditions: Overcrowding continued to be a problem for Nicosia Central Prison, the only prison in the Republic of Cyprus, but to a lesser extent than in previous years. The prison's official capacity was 469 inmates; the maximum number of inmates held during the year was 600. The ombudsman reported a considerable decrease in the number of prisoners due to the concerted effort of the prison's new management. Prison authorities held juvenile pretrial detainees in cells separate from convicted juveniles, but the two groups shared the same grounds in their daily activities. In its December 2014 report, the CPT noted meeting two unaccompanied juvenile asylum seekers in police stations who were "effectively held in conditions akin to solitary confinement," notwithstanding the law that the CPT noted "provides that unaccompanied minors should only be detained as a last resort and for the shortest period possible." The ombudsman reported improvement in prison and detention center conditions and treatment of prisoners and detainees after several visits during the year, but the only improvement observed in detention areas in police stations was the reduction in the number of migrant detainees due to the fact that migrants detained for deportation are transferred to Menoyia within 48 hours. Prison authorities reported that prisoners are separated by health condition but overcrowding prevented separate detention space for drug users. Long-term and short-term prisoners are not held separately as prison policy for separation of prisoners is based on their individual needs, risks involved, and their behavior, and not the duration of their sentence. Prisoners serving a life sentence have a cell of their own. Authorities reportedly held aliens detained on deportation orders in nearly all police stations together with detainees charged with criminal offenses. Approximately 55 percent of prisoners in the Central Prison were non-Cypriots convicted for criminal offenses. One-third of non-Cypriots were convicted for immigration-related offenses, such as illegal employment and possession of false documents for entering the country. Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 5 In its annual report for 2014/15, Amnesty International criticized the routine detention of hundreds of migrants and certain categories of asylum seekers in "cramped, prison-like conditions" at the Menoyia Detention Center, the country's main immigration detention facility, pending deportation. According to the report, detainees complained about the limited time allowed for outdoor exercise, food quality, and their cells being locked at night. In its December 2014 report, the CPT noted reports of physical mistreatment by guards at the Menoyia center as well as racial slurs and inappropriate use of tear gas by custodial personnel. The ombudsman reported that most of the complaints received from Menoyia detainees this year were related to migration issues, not to detention conditions or mistreatment. The ombudsman, however, commented that migrants and asylum seekers continue to be detained for deportation purposes for periods longer than the stated government policy, despite the fact that there was no prospect for their deportation. A considerable number of detainees at Menoyia Detention Centers are awaiting adjudication of their appeals against the rejection of their asylum applications. In some cases, detainees were deported before final adjudication of their asylum applications. The ombudsman intervened and prevented some of the deportations, warning authorities that deportations of asylum seekers while court proceedings were still pending could amount to violation of the principle of nonrefoulement, which would bring into question the legality of the deportation order and detention. Administration: While prisoners in the Central Prison had access to a church and mosque, detention centers did not have facilities for religious observance. Independent Monitoring: The government permitted prison visits by independent human rights observers, and such visits, unrestricted and unannounced, occurred during the year. The Ombudsman's Office, in its capacity as the national preventive mechanism, and the prison board visited Nicosia Central Prison on a regular basis. The House of Representatives Committee on Equal Opportunities for Men and Women, the commissioner for children's rights, and the commissioner for the protection of personal data also visited the prison. The NGO KISA reported after several visits to Menoyia Detention Center that, while detention conditions had improved, violations of the rights of detained migrants and asylum seekers continued, particularly of those who are detained for prolonged periods without a prospect for deportation and of asylum seekers whose appeals against the rejection of their asylum applications were pending before the Supreme Court. Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 6 Improvements: Construction work continued during the year to increase the capacity of the prison. To alleviate overcrowding, prison management created a network of volunteers who pay the debts of destitute prisoners with low debts and help them find employment after their release from prison. Foreign nationals sentenced to a few months' imprisonment for entering the country illegally were deported as soon as their travel documents were ready. Prison management recommends the suspension of the sentence of foreign nationals serving short-term sentences once they are two months from their release date. To comply with CPT standards, EU prison rules and UN human rights standards, the practice of closed visits was terminated, the glass and furniture separating visitors and prisoners were removed, and prisoners were allowed physical contact with their children and family. Children with special needs, such as health and mental illnesses, could meet with prisoner parents in separate areas. Inmates had access to telephone booths from 8 a.m. to 6 p.m. daily and prisoners who work or attend school remotely, demonstrate good behavior, or had limited financial resources, were given free use of telephones. Since January prisoners could apply for access to Skype to keep in touch with their families. During the year prison management implemented new policies designed to provide prisoners with full access to education and vocational training of the same level, standard, and spectrum provided to people of their age group outside prison. In addition to educators provided by the government, the prison management has developed programs with Microsoft, telecommunications companies, private universities, and others to support the prison education program. Prisoners were provided with facilities for distance learning university education and 12 prisoners took advantage of this opportunity during the year. Prison management facilitated cultural activities and participation of prisoners in charitable events. For example, in October 2015, the prison's theatrical team staged a play, the proceeds of which went to the NGO Cyprus STOP Trafficking for the needs of victims of trafficking in persons, and LGBTI prisoners participated in the 2015 Pride Parade. In November the health care department of the prison was reinforced with a clinical psychologist and an occupational therapist. Prison management implemented new policies to prevent mistreatment of prisoners. Prison staff submit a written report to the prison director before action can be taken against prisoners who have committed disciplinary offenses; a clear procedure has been put in place for an independent investigation of any complaints, formal or Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 7 informal, of prisoner mistreatment, the protection of the prisoner involved, and the prosecution of the perpetrators. During the year 230 prison officers participated in seminars and educational courses in the country and abroad on human rights issues, female education, employability of youths, prevention of mistreatment, diversity, treatment of detainees, terrorism, electronic monitoring, and more. d. Arbitrary Arrest or Detention The law prohibits arbitrary arrest and detention, and the government generally observed these prohibitions. Role of the Police and Security Apparatus The police force enforces the law and combats criminal activity. The Cyprus National Guard, backed by a contingent of Greek military forces, the Hellenic Force in Cyprus, protects national security. The National Guard reports to the Ministry of Defense, which reports to the president. Police report to the Ministry of Justice and Public Order. The president appoints the chief of police. The police force has a headquarters with six functional departments; six geographic district divisions, including one inactive district for the area administered by Turkish Cypriots; and seven police units that provide specialized services. The Independent Authority for the Investigation of Allegations and Complaints against the Police is an independent committee appointed by the Council of Ministers to investigate alleged human rights abuses by police. The body has authority also to investigate complaints of police bribery, corruption, unlawful financial gain, abuse of power, preferential treatment, and conduct unbecoming a police officer. The Independent Authority appointed independent investigators from a list submitted by the attorney general to look into complaints. In 2015 the attorney general ordered the prosecution of police officers in four cases. Three of four cases of police officers prosecuted in 2014 were set for court hearings in January and February 2016. The attorney general suspended the prosecution of the fourth police officer. Arrest Procedures and Treatment of Detainees Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 8 The law requires judicially issued arrest warrants, and authorities respected this requirement. Authorities may not detain a person for more than one day without referral of the case to a court for extension of detention. Most periods of investigative detention did not exceed 10 days before the filing of formal charges. Detainees were promptly informed of the charges against them, and the charges were presented in a language they could understand. The attorney general generally made efforts to minimize pretrial detention, especially in cases of serious crimes. While attorneys generally had access to detainees, the December 2014 CPT report noted that persons apprehended by police were usually able to speak in private with an ex officio lawyer only at the time of their first court appearance. In criminal cases the state provides indigent detainees with an attorney. To qualify for free legal aid, however, detainees require a court decision, based on their financial need, before a lawyer is assigned. In its report, the CPT noted this system inevitably delays detainees' access to a lawyer. There is a system of bail. The government claimed the right to deport foreign nationals for reasons of public interest, regardless of whether criminal charges had been filed against them or they had been convicted of a crime. While lengthy pretrial detention was not a problem, trial delays were common and partially caused by lengthy legal procedures, which caused a larger workload for the courts. Protracted Detention of Rejected Asylum Seekers or Stateless Persons: According to Amnesty International, authorities routinely detained hundreds of migrants and certain categories of asylum seekers in prison-like conditions for extended periods while awaiting deportation. Detainees reportedly included unaccompanied minors. While the government's policy was not to hold such persons in detention for long periods and to release them and provide them residency permits if they were not deported within 18 months, there were reports that migrants and asylum seekers were held beyond 18 months or, if released, were rearrested and incarcerated on different grounds. In May 2014 the UN Committee against Torture reportedly raised concerns about the routine and prolonged detention of irregular migrants and asylum seekers. The ombudsman received a number of complaints concerning detainees held for considerable time on the basis of deportation orders. The ombudsman repeatedly called on the government not to detain foreigners for deportation when there was no prospect of deportation because they did not have travel documents. One NGO, Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS however, reported that authorities re-arrested on different charges and rejected asylum seekers who had already served an 18-month detention. An NGO reported in 2015 that a number of undocumented foreigners arrested for illegal stays in the country remained in long-term detention. The same NGO reported authorities released undocumented aliens only if they signed a document consenting to the issuance of travel documents by their home country. e. Denial of Fair Public Trial 9 The law and constitution provide for an independent judiciary, and the government generally respected judicial independence. Trial Procedures The law provides for the right to a fair trial, and an independent judiciary generally enforced this right. Officials informed defendants promptly and in detail of the charges against them. The constitution provides for public trials, and defendants have the right to be present and to consult with an attorney in a timely manner. There are no jury trials. Authorities provided an attorney for those who cannot afford one, and defendants have the right to question witnesses against them and present evidence or witnesses on their behalf. The law also provides that defendants and their attorneys have access to government-held evidence related to their cases. Defendants enjoy a presumption of innocence and have a right of appeal. The government generally respected these rights. Political Prisoners and Detainees There were no reports of political prisoners or detainees. Civil Judicial Procedures and Remedies There is an independent and impartial judiciary in civil matters, permitting claimants to bring lawsuits seeking damages for or cessation of human rights violations, and citizens used this procedure. Individuals could appeal cases involving alleged human rights violations by the state to the European Court of Human Rights (ECHR) once they exhausted all avenues of appeal in domestic courts. Property Restitution Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 10 According to the law, the minister of interior is the guardian of the properties of Turkish Cypriots who have not had permanent residence in the governmentcontrolled area since 1974. Ownership remains with the original owner, but the sale or transfer of Turkish Cypriot property under the guardianship of the minister of interior requires the approval of the government. The minister has the authority to return properties to Turkish Cypriot applicants after examining the circumstances of each case. Owners can appeal the minister's decisions to the Supreme Court. During the year Turkish Cypriots filed 22 court cases seeking to reclaim property located in the government-controlled area, including 17 filed with the Supreme Court. Of the Supreme Court cases, six applications challenging the Ministry of Interior's decision to block the sale of properties were dismissed on technical or procedural grounds. The other cases were pending trial as of the end of the year. The ombudsman, using her oversight authority regarding matters of alleged racism and discrimination, examined several complaints of delays in the examination of claims of Turkish Cypriot properties in the government-controlled area. Authorities approved or expedited the examination of some of the claims after the intervention of the ombudsman. f. Arbitrary Interference with Privacy, Family, Home, or Correspondence The law prohibits such actions, and there were no reports that the government failed to respect these prohibitions. Section 2. Respect for Civil Liberties, Including: a. Freedom of Speech and Press The law provides for freedom of speech and press, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of speech and press. Freedom of Speech and Expression: The law criminalizes incitement to hatred and violence against anyone on the basis of race, color, religion, genealogical origin, national or ethnic origin, or sexual orientation. Such acts are punishable by up to five years' imprisonment, a fine of up to 10,000 euros ($11,000), or both. In 2014 Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 11 police examined eight complaints of verbal assault and/or hate speech on the basis of ethnic origin, religion, sexual orientation, and color. Criminal investigations were opened in five cases and were pending. A 2013 law penalizes the use of geographical names and toponyms in the country other than those included in the gazetteer that the government presented at the 1987 Fifth UN Conference on the Standardization of Geographical Names. According to the law, anyone who publishes, imports, distributes, or sells maps, books, or any other documents in print or digital form that contain geographical names and toponyms on the island of Cyprus other than those permitted, commits an offense punishable by up to three years in prison, a fine of up to 50,000 euros ($55,000), or both. Internet Freedom The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority. According to statistics compiled by the International Telecommunication Union, approximately 69 percent of the population used the internet in 2014. The law criminalizes the use of computer systems to incite and promote prejudice, hatred, or violence. Such acts are punishable by up to five years' imprisonment, a fine of up to 35,000 euros ($38,500), or both. Academic Freedom and Cultural Events There were generally no government restrictions on academic freedom or cultural events. b. Freedom of Peaceful Assembly and Association The law and constitution provide for the freedoms of assembly and association, and the government generally respected these rights. c. Freedom of Religion See the Department of State's International Religious Freedom Report at www.state.gov/religiousfreedomreport/. Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons 12 The law provides for freedom of movement within government-controlled areas, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. In-country Movement: The government did not restrict Greek Cypriots from traveling to the area administered by Turkish Cypriots, but it generally advised them against spending the night at Greek Cypriot properties, gambling in the area administered by Turkish Cypriots, or buying or developing property there. NGOs reported that the government prohibits recognized non-Cypriot refugees with temporary residence status and asylum seekers from crossing to the area administered by the Turkish Cypriots, asserting it cannot guarantee their safety in an area not under its control. Internally Displaced Persons (IDPs) The government considers Greek Cypriots displaced as a result of the 1974 division of the island to be refugees, although they fall under the UN definition of IDPs. As of October, these individuals and their descendants numbered 221,466. UNHCR did not provide assistance to Cyprus IDPs and officially considered the IDP population to be zero. Depending on their income, IDPs were eligible for financial assistance from the government. They were resettled; had access to humanitarian organizations; and were not subject to attack, targeting, or mandatory return under dangerous conditions. Greek Cypriots and Turkish Cypriots are engaged in ongoing UN-facilitated negotiations including discussions to resolve the issues of their lost property. Protection of Refugees Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Several NGOs reported prolonged detention of detainees awaiting an asylum determination, most beyond the six months established under government policy and, in a few cases, beyond the maximum of 18 months permitted by law. The Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 13 ombudsman continued to receive and examine complaints related to delays in the examination of asylum applications and in the examination of applications of Syrian nationals seeking international protection. The ombudsman established that the government processed asylum applications faster than in previous years but noted that there was room for improvement. In September, 42 detainees at Menoyia Detention Center for undocumented migrants staged a hunger strike protesting what they called their arbitrary and prolonged detention. On March 23, 36 detainees at the center staged a hunger strike protesting the duration of their detention as well as conditions of detention, such as lack of internet access. An NGO that visited the detainees reported that 14 of them were asylum seekers and some had appeals pending. In its December 2014 report, the Council of Europe's Committee for the Prevention of Torture noted that the Menoyia center's strict regime, carceral environment (barred windows, heavy cell doors, and secure sterile association rooms), and prolonged detention "appeared to be deliberate policies aimed at encouraging detained persons to sign up `voluntarily' to leave the country". The government provides a special temporary "humanitarian" residency status for citizens or residents of Syria who enter the country legally or illegally. All persons seeking such status were required to provide a Syrian passport or other identification. The Ministry of Interior stated that such status was for Syrians who did not wish to apply for international protection. From January to October, authorities granted refugee status to 20 Syrians and subsidiary protection status to an additional 1,051. In September, Cypriot authorities rescued 115 PalestinianLebanese and Palestinian-Syrian asylum seekers off the coast of Cyprus; 26 more were rescued in October. In October another 115 mostly Palestinian-Lebanese asylum seekers landed at the UK Sovereign Base Areas; Cypriot authorities processed their asylum applications. In April 2014 the ombudsman and the commissioner for the protection of children's rights called on the government to terminate the practice of detaining migrant mothers of young children for deportation and instead to implement alternative measures as provided by EU law and the UN Convention on the Rights of the Child. The Council of Europe commissioner for human rights also declared that arresting migrant women because of their irregular entry or stay in the country, especially women accompanied by dependent children, without examining alternatives to detention did not conform to international human rights standards. The NGO Cyprus STOP Trafficking staged a hunger strike to protest the detention Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 14 of migrant mothers and separation of them from their children. The minister of interior ordered the release of the mothers in custody at the time; there have been no known new arrests since then. The government funded a local NGO to provide free legal advice to asylum seekers, another local NGO to conduct a public awareness campaign on issues relating to asylum seekers, and a local university to provide training to health ministry employees on the needs of torture victims. Refoulement: The ombudsman and NGOs reported that asylum seekers whose applications for asylum failed were deported before final adjudication of their cases. The ombudsman examined complaints from asylum seekers who were arrested for deportation while the court case challenging the rejection of their asylum applications was still pending and, in some cases, intervened and prevented deportations. The ombudsman warned the authorities in writing that deportation in those cases could amount to an infringement of the principle of nonrefoulement. In May the UN Committee against Torture reportedly raised concern about reports that asylum seekers were deported to their countries of origin despite facing a serious risk of torture or religious persecution. According to the report, the committee also criticized that asylum seekers were not protected from refoulement during the judicial review process and that there was no effective judicial remedy to challenge deportation decisions and halt deportations pending the outcome of appeals. In June the government submitted to the ECHR an action plan outlining the steps it is taking to introduce the required remedy that will allow asylum seekers to challenge their deportation, but the relevant legal provisions had not been enacted by year's end. Refugee Abuse: NGOs and the Ombudsman's Office, in its capacity as the national preventive mechanism, reported that rejected asylum seekers under detention submitted complaints of heavy-handed tactics by police guards, inadequate medical care, restriction of visitation times, and use of handcuffs during transfers from one location in the detention center to another. In July an NGO reported that a Palestinian asylum seeker held in Menoyia Detention Center was beaten by a group of wardens. The Palestinian had been in the country since 2006 under subsidiary protection. He was convicted in 2014 for a civil offense and served a one-year prison term, after which he was arrested and detained for deportation. Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 15 The NGO Movement for Equality, Support, and Antiracism (KISA) visited the Menoyia Detention Center several times during the year and reconfirmed the ombudsman's findings that detention facilities for rejected asylum seekers did not respect their fundamental rights. KISA agreed that conditions at the center had improved after the change of management, but the change did not entirely end the inhuman and degrading treatment of detainees. Employment: Authorities allowed asylum seekers whose cases were awaiting adjudication to work after residing six months in the country but limited them to the areas permitted by law. The law restricts asylum seekers' employment to work in fisheries, the production of animal feed, waste management, gas stations and car washes, freight handling in the wholesale trade, building and outdoor cleaning, distribution of advertising and informational materials, and food delivery. Two NGOs claimed, however, that the Labor Office continued to refuse to approve and renew labor contracts for asylum seekers outside the farming and agriculture sector. Recognized refugees and persons with subsidiary protection have the same rights as Cypriot citizens with regard to employment. Various NGOs confirmed that residency permits contingent upon employment were virtually unobtainable, given the struggling economy and the limited types of work authorized by the labor department. There were reports of racism by labor officers who met with valid residency applicants seeking a contract of employment. From January to October, the Ministry of Labor and Social Insurance approved nine labor contracts for asylum seekers, of which eight contracts were in agriculture and one in a fishery. NGOs complained about the remoteness of the government's asylum seekers reception center at Kofinou, the lack of language or job training, and the shortage of job opportunities other than as day laborers at nearby farms. Access to Basic Services: Asylum seekers who refused an available job could be denied state benefits. To obtain welfare benefits, asylum seekers needed a valid address, which was not possible for those who were homeless. NGOs and asylum seekers reported delays and inconsistencies in the delivery of benefits to eligible asylum seekers. An ombudsman's investigation showed that the problems stemmed from the procedure instituted by parliament requiring parliamentary approval for the release of funds for relevant benefits. According to NGOs, asylum seekers reported that authorities discriminated against them in the provision of state medical care, specifically denying their dependents Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 16 access to long-term specialized treatment, which led to irreversible damage to their health. Temporary Protection: The government also provided temporary protection to individuals who may not qualify as refugees. Authorities granted subsidiary protection to 756 persons in the first 10 months of 2015. Section 3. Freedom to Participate in the Political Process The law and constitution provide citizens the ability to choose their government through free and fair periodic elections based on universal and equal suffrage, and citizens exercised that ability. In national elections only Turkish Cypriots who reside permanently in the government-controlled area are permitted to vote and run for office. In elections for the European Parliament, Cypriot citizens, resident EU citizens, and Turkish Cypriots who live in the area administered by the Turkish Cypriots have the right to vote and run for office. Elections and Political Participation Recent Elections: In 2013 voters elected Nicos Anastasiades president in free and fair elections. In 2011 the country held free and fair elections for the 56 seats assigned to Greek Cypriots in the 80-seat House of Representatives. Participation of Women and Minorities: The 24 seats assigned to Turkish Cypriots in the House of Representatives were unfilled. Some Turkish Cypriots complained that problems in the electoral roll disenfranchised a number of Turkish Cypriot voters. A law enacted in March 2014 automatically registered all adult Turkish Cypriot holders of a Republic of Cyprus identity card residing in the area administered by Turkish Cypriots in the electoral roll for the European Parliament elections. Turkish Cypriots not residing in that area needed to apply for registration in the electoral roll, as did all other Cypriot citizens. The government did not automatically register an unspecified number of Turkish Cypriots residing in the north because they were incorrectly listed in the official civil registry as residents of the government-controlled area. Section 4. Corruption and Lack of Transparency in Government The law provides criminal penalties for corruption by officials, which vary depending on the charges, and the government generally implemented the laws Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 17 effectively. There were numerous reports of government corruption during the year. The government generally investigated and prosecuted cases of corruption at a faster pace than in previous years. Corruption: During the year the government initiated several investigations against public officials on suspicion of corruption, and the president publicly declared zero tolerance for corruption. In January the Larnaca Criminal Court convicted five persons on various charges of corruption and fraud in a high-profile, multimillion-euro real estate deal involving board members of a quasigovernmental organization and a high-ranking political party official. The court sentenced the former chairman of the Board of the Cyprus Telecommunications Authority (CYTA) to eight years in prison and a senior director of the company to nine years, while an official of the government Land Registry Department received six-and-a-half years in prison. The court sentenced the high-profile party official to three-and-a-half years in prison and a former member of the board of CYTA to three years. Financial Disclosure: Public officials are not required to declare their income or assets. Public Access to Information: The constitution provides citizens the right to access government information, but there are no specific laws to implement the right. The law prohibits civil servants from providing access to government documents without first obtaining permission from the relevant minister. Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. There is a government ombudsman, whose portfolio includes human rights, and a legislative Committee on Human Rights. Government Human Rights Bodies: During her independent investigations, the ombudsman generally enjoyed good cooperation with other government bodies. The ombudsman's reports focused on police misconduct, treatment of patients at state hospitals, treatment of asylum seekers and foreign workers, and gender equality in the workplace. Citizens respected the Office of the Ombudsman and considered it effective. Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 18 The legislative Committee on Human Rights, which most local NGOs considered effective, consists of nine members of the House of Representatives who serve five-year terms. The committee discussed wide-ranging human rights problems, including trafficking in persons, prison conditions, and the rights of foreign workers. The executive branch did not exercise control over the committee. Section 6. Discrimination, Societal Abuses, and Trafficking in Persons The law prohibits discrimination based on race, gender, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation, age, and language, and the government effectively enforced these prohibitions. Women Rape and Domestic Violence: The law criminalizes rape, including spousal rape, with a maximum sentence of life in prison for violations. The government enforced the law effectively. Most convicted offenders received considerably less than the maximum sentence. There were reports of violence against women, including spousal abuse, and the number of reported cases has sharply increased in recent years. The law establishes clear mechanisms for reporting and prosecuting family violence and provides that the testimony of minors and experts, such as psychologists, may be used as evidence to prosecute abusers. The law provides for the imprisonment of persons found guilty of abusing family members. The court can issue a same-day restraining order against suspected or convicted domestic-violence offenders. Doctors, hospital workers, and education professionals are required to report all suspected cases of domestic violence to police. Many victims refused to testify in court, however, and by law, one spouse cannot be compelled to testify against the other. Courts were obliged to drop cases of domestic violence if the spousal victim was the only witness and refused to testify. The Association for the Prevention of Domestic Violence carried out a national study on domestic violence against women in 2012. The results indicated that at least 28 percent of women over the age of 18 had suffered some form of violence at home, including physical and sexual violence but also economic, social, and emotional/psychological violence. Approximately 57 percent of the women who reported having been victims of violence did not tell other persons about their abuse. The highest proportion of female victims of violence (36 percent) was in the 45-to-64 age group. Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 19 There were two shelters for survivors of domestic violence, which were funded primarily by the government and run by the NGO Association for the Prevention of Domestic Violence. The same NGO reported an increase in calls to its hotline for victims of domestic violence, compared with the previous three years. The NGO reported receiving an average of 80 calls per month. The NGO operated a shelter for women and children in Nicosia that during the year served 19 survivors of domestic violence. In September 2014 the NGO opened a second shelter in Paphos that served 31 survivors during the year. Police conducted detailed educational programs related to the handling of domestic violence for their forces, including training focused on child abuse. NGOs noted, however, that police dismissed claims of domestic abuse by foreign women and children. Sexual Harassment: The law prohibits sexual harassment in the workplace and provides a penalty of up to six months in prison and/or a 12,000 euro ($13,200) fine. The ombudsman and NGOs reported that sexual harassment complaints submitted by foreign domestic workers were not investigated. Sexual harassment was reportedly a widespread problem, although victims did not report most incidents to authorities. The ombudsman's 2013 annual report indicated that 24 percent of complaints submitted to the Equality Authority, a subsection of the ombudsman's office, concerned sexual harassment. From January through October, the Department of Labor received 10 complaints regarding sexual harassment. In 2014 the Department of Labor received and investigated two sexual harassment complaints, both submitted by foreign, non-EU nationals. It concluded that no unlawful act could be proven. The office of the ombudsman, in its capacity as the Equality Authority, provided training to police, social workers, health care providers, teachers, prosecutors, labor and immigration service personnel, and to journalists. Reproductive Rights: Couples and individuals generally were able to decide freely the number, spacing, and timing of their children; to have the information and means to do so; and to attain the highest standard of reproductive health free from discrimination, coercion, and violence. There was easy access to contraception and skilled attendance during childbirth. Discrimination: Women generally have the same legal status and rights as men under family law, property law, employment/labor law, and inheritance laws. The law requires equal pay for equal work or work of equal value. Women Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS experienced discrimination in such areas as employment, credit, pay, owning or managing businesses, education, and housing. Children Birth Registration: Children derive citizenship from their parents, and there was universal birth registration at the time of birth. 20 Child Abuse: A University of Cyprus survey released in April showed that 25 percent of children experienced some form of sexual harassment or abuse. In July the government set up a ministerial committee that was tasked with the drafting of a national strategy to protect children from sexual abuse. In August it appointed an external special advisor to work with the ministerial committee on combating child pornography and sexual exploitation of children. Early and Forced Marriage: The legal age of marriage is 18, but persons between the ages of 16 and 18 may marry, provided there are serious reasons justifying the marriage and their legal guardians provide written consent. A district court can also allow the marriage of persons between the ages of 16 and 18, if the parents unjustifiably refuse consent or in the absence of legal guardians. Sexual Exploitation of Children: The law prohibits commercial sexual exploitation of children; the penalty for violations is up to 20 years in prison. Possession of child pornography is a criminal offense punishable by a maximum of 10 years' imprisonment. Authorities enforced these laws. The minimum age for consensual sex is 17; sexual intercourse with a person under the age of 17 is a criminal offense. The penalty for sexual intercourse with a girl between the ages of 13 and 17 is a maximum of three years' imprisonment. The criminal penalty for sexual intercourse with a girl under 13 is up to life in prison. International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. For information see the Department of State's report on compliance at travel.state.gov/content/childabduction/en/legal/compliance.html and countryspecific information at travel.state.gov/content/childabduction/english/country/Cyprus.html. Anti-Semitism Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS There were approximately 3,000 persons in the Jewish community, which consisted of a very small number of native Jewish Cypriots and a greater number of expatriate Israeli, British, and other European Jews. There were reports of verbal harassment of members of the Jewish community along with incidents of property damage. Trafficking in Persons See the Department of State's Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/. Persons with Disabilities 21 The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, air travel and other transportation, access to health care, or in the provision of other state services. The law provides persons with disabilities the right to participate effectively and fully in political and public life, including by exercising their right to vote and stand for election. The government generally enforced these provisions. While the law mandates universal accessibility for public buildings and tourist facilities built after 1999, government enforcement was ineffective. Older buildings frequently lacked access for persons with disabilities. No appropriate services or support existed for adults with mental disabilities who required long-term care. In 2012 the government extended the ombudsman's authority to cover discrimination based on disabilities in both the private and public sectors. Problems facing persons with disabilities included access to natural and constructed environments, transportation, information, and communications. During the year the ombudsman examined a number of complaints related to lack of accessibility to public buildings, including government offices, schools, and soccer stadiums, and complaints related to discrimination at the workplace. The state provided facilities to enable children with disabilities to attend all levels of education. In April 2014 the Ministry of Education in collaboration with the ombudsman prepared a code of good practices regarding attendance of students with disabilities in special units of public schools. Authorities provided a personal assistant for students with disabilities when necessary. Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 22 Because there were no long-term care services or support specifically for persons with mental disabilities, many resided at the Athalassa Psychiatric Hospital. In 2013 the House of Representatives Committee on Human Rights noted there was no infrastructure to support persons with mental disabilities when they left the psychiatric hospital and no programs for their social integration or aftercare in general. The Ombudsman's Office reported that it closely monitored implementation of the recommendations included in her 2012 report for improving living conditions at Athalassa Psychiatric Hospital. In 2013 the ombudsman reported the hospital had created a separate department for children and juveniles. The deinstitutionalization of persons with mental disabilities remained a matter of great concern for the ombudsman. The Paraplegics Association reported that the government did not take measures to provide that all public buses were accessible to wheelchair users. The association reported that some older buses as well as intercity buses and those providing transport to and from the airports were not accessible, while the newer ones had only one space for wheelchair users. The Ministry of Labor and Social Insurance's Service for the Care and Rehabilitation of the Disabled is responsible for protecting the rights of persons with disabilities. The minister of labor and social insurance chaired the Pancyprian Council for Persons with Disabilities, which included representatives of government services, organizations representing persons with disabilities, and employer and employee organizations. Observers did not consider fines for violating the law against employment discrimination sufficient to deter employers from discriminating against persons with disabilities (see also section 7.d.). National/Racial/Ethnic Minorities Minority groups in the government-controlled area of Cyprus included Latins, Maronites, Armenians, and Roma. Although legally considered one of the two main communities of Cyprus, Turkish Cypriots constitute a relatively small proportion of the population in the government-controlled areas and experienced discrimination as a result of their heritage. There were reports of violence against Turkish Cypriots as well as some incidents of verbal abuse or discrimination against non-Greek Cypriots. On November 16, protesting students threw rocks at several cars with Turkish Cypriot license plates in Nicosia and injured two of the occupants. The authorities were searching for the assailants and investigating reports that Cypriot police observed the incidents Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 23 without trying to intervene. In September police arrested one person for raising a banner during a football game with the slogan "Refugees go home," in reference to Syrian and Palestinian refugees that were rescued a few days earlier. Turkish Cypriots complained to the ombudsman that they were subjected to ethnic profiling in passport control procedures at the airports. The ombudsman was investigating the complaints. The Task Force on School Violence--a multidisciplinary team of experts that provided immediate support and guidance to schools facing violence, youth delinquency, and incidents of racism--reported that it provided its services responding to 185 requests from primary and secondary schools and promoted prevention programs in 30 percent of schools over the past two years. In June 2014 the minister of education announced a code of conduct against racism in schools that provided schools and teachers with a detailed plan on handling, preventing, and reporting racist incidents. The pilot program was implemented in seven schools during the 2014-15 school year. The Ministry of Education reported that a conference held in May to evaluate the implementation and effectiveness of the program concluded that most perpetrators had stopped exhibiting racist behavior and that victims and spectators of racist incidents felt empowered enough to report incidents to teachers and parents, were aware of school policy, and were able to identify various forms of racism. The 2014 EU Roma Health Report, released in September 2014, noted that the Romani population faced difficulties in housing, education, and employment. Roma residing in the government-controlled areas lived either in abandoned Turkish Cypriot houses or in free prefabricated houses that the government provided and maintained. These accommodations had basic facilities, such as water, electricity, sewage systems, and solar heaters, but the houses were in isolated areas, primarily to satisfy the residents of local communities who treated Roma with hostility and did not wish to live close to them. The report stated that Roma faced extreme poverty, exclusion, and hostility from the host population and suspicion and intolerance from authorities. Roma had suboptimal opportunities for employment. The main barrier was language, because many Roma did not speak either Greek or English, although the government provided Greek lessons free of charge to all citizens. On March 18, the Council of Europe Advisory Committee on the Framework Convention for the Protection of Minorities issued its opinion based on findings from a December 2014 visit to Cyprus. It noted incidents of racial prejudice against Romani and migrant children in schools and of Greek Cypriot parents Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 24 removing their children from certain schools with a large number of non-Greek Cypriot students. Romani children continued to face challenges such as irregular school attendance, early dropouts, overall low academic achievement, and small number of children continuing to secondary education. The committee tied academic underachievement to weak command of the Greek language and noted that more targeted assistance was necessary to strengthen their Greek language skills. It also noted that, while two Turkish-speaking teachers were teaching Turkish language and history in the Ayios Antonios elementary school, where the majority of students were Roma, no specific education material was provided, an omission that hindered the education experience. The Ministry of Education reported that since 2012 it had increased efforts to locate and enroll Romani children in the schools nearest to their homes but had limited success, due to their families' frequent movement to and from Turkish Cypriot-administered areas. The Ministry of Education provided bilingual Turkish/Greek-speaking teachers to facilitate communication between teachers, students, and parents; provided support to students from state psychologists and the social welfare services, organized seminars for parents and legal guardians to help them integrate into the local communities; and adjusted the educational program of Romani pupils to meet their needs. It also introduced projects and activities in cooperation with NGOs to promote diversity and to engage both students and parents. The Ministry of Education's Adult Education Centers continued to provide free lessons on the language, history, and cultural heritage of the Romani community. Some Turkish Cypriots living in the government-controlled area reportedly faced difficulties obtaining identification cards and other government documents, particularly if they were born after 1974. The Ombudsman's Office issued a report on November 25 stating that 32 persons, in most cases having one Turkish Cypriot and one Turkish parent, had waited for up to seven years for a decision on their applications for Republic of Cyprus passports. The ombudsman received complaints that the government delayed approval of citizenship to children of Turkish Cypriots married to Turkish citizens who resided in the area administered by Turkish Cypriots. Instead of granting citizenship automatically to such children, the Ministry of Interior routinely sought approval from the Council of Ministers before confirming their citizenship. From January to October, the Council of Ministers did not issue any decisions granting citizenship in such cases. The Ombudsman's Office had no authority to examine the complaints because the Council of Ministers' decision to apply different Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 25 criteria for granting citizenship to children born to one Turkish parent was political. It examined the cause of the delay, however, and concluded that the problem stemmed from delays in the processing of the applications by the Civil Registry Department and the failure of the same department to inform the applicants about the status of their applications. Authorities automatically granted citizenship to children of Turkish Cypriots who married Turkish citizens while living outside the country. Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity Antidiscrimination laws exist and prohibit direct or indirect discrimination based on sexual orientation but not on gender identity. Antidiscrimination laws cover employment and the following activities in the public and private domain: social protection, social insurance, social benefits, health care, education, participation in unions and professional organizations, and access to goods and services. NGOs dealing with LGBTI matters claimed that housing benefits favored "traditional" families. Hate crime legislation criminalizes incitement to hatred or violence based on sexual orientation or gender identity. Despite legal protections, LGBTI individuals faced significant societal discrimination. LGBTI persons were not open about their sexual orientation or gender identity, nor did they report homophobic violence or discrimination. There were reports of employment discrimination against LGBTI applicants (see section 7.d.). On November 26, parliament passed a bill legalizing same-sex civil unions. LGBTI rights activists noted the bill did not ban "normalizing" surgeries on intersex infants, grant legal recognition to transgender individuals, or give samesex couples the right to adopt children. In November 2014 police raided a photographic exhibition organized by Accept LGBT Cyprus in the municipal market of Nicosia and confiscated all 34 photographs exhibited. Using a court warrant, police kept eight of the photographs depicting naked male bodies and returned the rest to the organizers. Police asserted citizens had submitted complaints that children were exposed to pornographic material. The Attorney General's Office was examining the case to determine whether to bring charges. Accept LGBT and several other groups and organizations criticized the police intervention, asserting that police acted on an antiquated law that they applied selectively. Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 26 On June 6, Accept LGBT Cyprus organized a gay pride parade in Nicosia. In contrast with 2014, there was no counterdemonstration and little public opposition. In May and June the Ministry of Education, the ombudsman, and the commissioner for the protection of children's rights organized workshops on homophobia, sexual orientation, and socially constructed gender for teachers at all levels of education. The workshops were part of the ongoing public information campaign, "Shield against Homophobia in Education," which was started in 2012. HIV and AIDS Social Stigma In September an HIV-positive tourist was evicted from his hotel in Paphos by management after a doctor at a private clinic, who had treated him for a minor injury suffered while in the hotel, informed the hotel about his health condition. The Ministry of Health stated that the doctor had violated medical ethics and doctor-patient confidentiality and asked the relevant government authorities and the Cyprus Medical Association to conduct an investigation and take necessary measures to his behavior. During the year the president of the HIV-Positive Persons Support Center stated that HIV-positive persons faced prejudice from society and their own families, largely due to lack of public awareness. She also claimed that raising public awareness on this issue was low in the government's priorities. In 2013 the ombudsman reported that the Ministry of Health failed to act in good faith and did not apply the principle of proper governance in the handling of a case of an HIV-positive employee at a state hospital. The employee had petitioned the ministry to transfer to a position that would pose less of a threat to his health. The ministry reportedly assured the employee that it would invite him to apply when a more appropriate position opened but then neglected to do so, resulting in a suitable position being filled by another individual, according to the report. Promotion of Acts of Discrimination Government-approved textbooks used at the primary and secondary schools included language that was biased against Turkish Cypriots and Turks or refrained from mentioning the Turkish Cypriot community altogether. In addition, there were anecdotal reports of teachers using handouts or leading classroom discussions that included inflammatory language against Turkish Cypriots and Turks. Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 27 In 2011 the Ministry of Education and Culture began pilot implementation of new curricula prepared by a special government committee established to examine education reform on all subjects, including history. The committee completed the revision of the history curriculum and during the year formulated specific targets to assist teachers with the application of contemporary principles and methodology for history teaching. While teachers were instructed to use a variety of sources to promote critical thinking and avoid indoctrination by encouraging class discussion and asking students to consult alternative sources, an NGO involved with the training commented that, without evaluation, it was not possible to determine whether teachers were implementing the instruction. Section 7. Worker Rights a. Freedom of Association and the Right to Collective Bargaining The law, including supporting statutes and regulations, provides for the right of workers to form and join independent unions, strike, and bargain collectively with employers. Antiunion discrimination is illegal. Dismissal for union activity is illegal with reinstatement, a fine, compensation options, or all three, if the courts find the dismissal illegal. The law excludes essential services personnel from joining unions and striking. Police officers could form associations that had the right to bargain collectively. Authorities have the power to curtail strikes in essential services defined by the law as the armed forces, police, and gendarmerie. An agreement between the government and essential services personnel provides for dispute resolution and protects workers in the sector. The government generally enforced applicable laws. Resources and investigations were adequate in the formal sector. Penalties require payment of pecuniary damages and compensation, but unions did not consider them sufficient to deter violations. Administrative procedures were efficient and immediate, but judicial procedures were subject to delays due to a backlog. Authorities generally respected freedom of association and the right to collectively bargain. The government generally protected the right of unions to conduct their activities without interference, and employers generally respected the right of workers to form and join independent unions and to bargain collectively. Although collective agreements are not legally binding, employers and employees effectively Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 28 observed their terms. Workers covered by such agreements were predominantly in the larger sectors of the economy, including construction, tourism, the health industry, and manufacturing. Private sector employers were able to discourage union activity because of sporadic enforcement of labor regulations prohibiting antiunion discrimination and insufficient penalties for antiunion practices. b. Prohibition of Forced or Compulsory Labor The law prohibits all forms of forced or compulsory labor, but forced labor occurred. The government did not effectively enforce the law. Inspections of the agricultural and domestic service sectors remained inadequate, and resources at the Department of Labor Inspections within the Ministry of Labor were insufficient. The maximum penalty is six years' imprisonment for forced labor of adults and 10 years' imprisonment for forced labor of minors, but actual penalties imposed were not sufficient to deter violations. Forced labor occurred in the agriculture and domestic-labor sectors. The Ministry of Labor and Social Insurance continued to receive complaints of labor exploitation among men and women. Foreign migrant workers, children, and asylum seekers were particularly vulnerable. Employers forced foreign workers, primarily from Eastern Europe and East and South Asia, to work up to 15 hours a day, seven days a week, for very low wages. Employers often retained a portion of foreign workers' salaries as payment for accommodations. The ombudsman reported that her office received a number of complaints during the year from foreign domestic workers and complaints of serious forms of labor exploitation from workers in the agricultural and farming sector. The complaints concerned excessive working hours, appalling living and working conditions and withholding of travel documents by the employers. Foreign domestic workers remained reluctant to report contract violations by their employers due to fear of losing their jobs and, consequently, their work and residency permits. The ombudsman and NGOs reported that ineffective investigation of sexual harassment, violence, and mistreatment of complaints submitted by domestic workers to the Department of Labor discouraged domestic workers from submitting complaints. They reported that authorities treated sexual harassment complaints submitted by foreign domestic workers merely as requests for a change of employer. The victims were routinely allowed to change employers, but sexual harassment complaints were rarely examined. Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 29 Also see the Department of State's Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/. c. Prohibition of Child Labor and Minimum Age for Employment The law prohibits the employment of children, defined as persons under the age of 15, except in specified circumstances, such as combined work-training programs for children who are 14 or employment in cultural, artistic, sports, or advertising activities, subject to rules limiting work hours. The law prohibits night work and engagement of children in street trading. The law also permits the employment of adolescents, defined as persons between the ages of 15 and 18, provided it is not harmful, damaging, or dangerous and subject to rules limiting hours of employment. The law prohibits employment of adolescents between midnight and 4 a.m. The minimum age for employment in industrial work is 16. The government effectively enforced laws and policies to protect children from exploitation in the workplace. Ministry of Labor and Social Insurance inspectors were responsible for enforcing child labor laws and did so effectively. The Social Welfare Services department of the ministry and the commissioner for the rights of the child can also investigate suspected cases of exploitation of children at work. Employment of children in violation of the law is punishable with up to two years' imprisonment, a fine of up to 17,000 euros ($18,700), or both. There were isolated examples of children under 16 working for family businesses. d. Discrimination with Respect to Employment or Occupation Laws and regulations prohibit direct or indirect discrimination with respect to employment or occupation regarding race, nationality, gender, disability, and sexual orientation. The government did not effectively enforce these laws or regulations. Discrimination in employment and occupation occurred with respect to race, gender, disability, sexual orientation, and HIV-positive status. Despite a strong legal framework, the Ministry of Labor and Social Insurance's enforcement of the law governing employment and labor matters with respect to women was ineffective. Eurostat data released in March indicated that the average pay gap between men and women for equal work was 15.8 percent in 2013. The ombudsman reported serious cases of gender discrimination in the workplace, particularly against pregnant women, who were not promoted or were dismissed from employment. The ombudsman reported that 47 percent of the complaints Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS submitted to the Equality Authority in 2013 concerned allegations of discriminatory treatment of pregnant women in the workplace and 15 percent of the complaints concerned alleged dismissal of pregnant women. 30 A survey published in the International Journal of Manpower in August 2014 suggested that LGBTI job applicants faced significant bias compared with heterosexual applicants. The survey found that gay male applicants who made their sexual orientation clear on their job application were 39 percent less likely to get a job interview than equivalent male applicants who did not identify themselves as gay. Employers were 42.7 percent less likely to grant a job interview to openly lesbian applicants than to equivalent heterosexual female applicants. Discrimination against Romani migrant workers occurred (see section 6). e. Acceptable Conditions of Work Although there is no national minimum wage, there is a minimum wage for groups deemed vulnerable to exploitation. The official poverty income level is set at 60 percent of the national median equalized disposable income, as per the EU commonly agreed definition. In 2013 (the latest estimate available) the official poverty income level was 10,324 euros ($11,400) per year for a single person. The minimum wage for shop assistants, nurses' assistants, clerks, hairdressers, and nursery assistants was 870 euros ($960) per month for the first six months and 924 euros ($1,020) per month thereafter. For unskilled workers in the agricultural sector, the minimum monthly wage was 455 euros ($500) with accommodation and food provided. Minimum salaries in these sectors are the same for local and foreign workers. The government sets minimum salaries for third-country nationals working as domestic workers and as cabaret performers. The minimum starting salary for live-in housekeepers was 460 euros ($510) per month. The employers covered accommodation, food, medical insurance (shared equally with the employee), visa fees, travel, and repatriation expenses. Cabaret performers' contracts typically stipulated that they receive at least 205 euros ($230) per week for 36 hours of work. Collective bargaining agreements covered workers in almost all other occupations, including unskilled labor. The wages set in these agreements were significantly higher than the minimum wage. Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 31 Foreign workers were able to claim pensions, and some bilateral agreements allowed workers to claim credit in their home countries. The Migration Service was responsible for enforcing the minimum wage for foreign workers but did not actively do so. The legal maximum workweek is 48 hours, including overtime. The law does not require premium pay for overtime or mandatory rest periods. The law stipulates that foreign and local workers receive equal treatment. The Department of Labor Relations within the Ministry of Labor is responsible for enforcing these laws. Labor unions, however, reported enforcement problems in sectors not covered by collective agreements. They also reported that certain employers, mainly in the construction industry, exploited undocumented foreign workers by paying them very low wages. The penalty for violating the law on the maximum workweek is up to one year in prison, a fine up to 3,417 euros ($3,760), or both. The penalty for violating the minimum wage law is a fine of 170 euros ($190) and 43 euros ($47) for each day the offense continues after the conviction. The court may order the employer to pay the employee the difference in the amount paid and the amount that should have been paid. Sexual harassment of female domestic workers continued. Several NGOs and the ombudsman confirmed the need to address labor exploitation of foreign workers. In violation of their contracts, some foreign domestic workers, primarily from East or South Asia, were mistreated or fired without cause. For example, some domestic workers, particularly live-in maids, reported working excessive hours for employers at all hours of the night and day without additional compensation or time off. Although the law protects domestic workers who file a complaint with the Ministry of Labor and Social Insurance from being deported until their cases have been adjudicated, NGOs and the ombudsman reported that many domestic workers did not complain to authorities about mistreatment due to fear of deportation. An NGO reported that employment agents acting in collaboration with employers forced domestic workers to return to their countries before they were able to file a complaint with the authorities and request change of employer. On August 2, a female Indian domestic worker in Larnaca died in a fall from the balcony of her employers' fifth-floor apartment. An NGO reported that the victim was locked in the apartment by the employers, who also confiscated her passport and money and were planning to send her back to India the following day. According to the NGO, the employers, together with the employment agent, had previously accompanied her to the bank where she withdrew all the money from Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS her account and handed it over to the employer, who booked her on a flight to India. The case was under investigation as a sudden death case and no one was being criminally investigated. The police reported that the trafficking in persons office did not find any evidence or indicators that trafficking in persons was involved. 32 The Department of Labor Inspection is responsible for enforcing health and safety laws. Authorities enforced health and safety laws satisfactorily in the formal sector. Labor unions stated that more work was required to protect undocumented workers. The department employed 26 full-time inspectors. The penalty for failing to comply with work safety and health laws was up to four years' imprisonment, a fine not to exceed 80,000 euros ($88,000), or both. From January to October, authorities prosecuted 21 persons for violations. Factory inspectors processed complaints and inspected businesses to verify that employers observed occupational safety laws. Ministry of Labor inspectors were not allowed to inspect private households where persons were employed as domestic workers without a court warrant. From January to the end of October, three persons died in work-related accidents. Workers have the right to remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities did not effectively protect employees in this situation. THE AREA ADMINISTERED BY TURKISH CYPRIOTS EXECUTIVE SUMMARY Since 1974 the northern area of Cyprus has been administered by Turkish Cypriots, who in 1983 declared the northern area the "Turkish Republic of Northern Cyprus" ("TRNC"). The United States does not recognize the "TRNC," nor does any country other than Turkey. Mustafa Akinci was elected "president" in 2015 in free and fair elections. The "TRNC constitution" is the basis for the "laws" that govern the area administered by Turkish Cypriot authorities. Police and "Turkish Cypriot security forces" were ultimately under the operational command of the Turkish military, per transitional article 10 of the "TRNC constitution," which cedes responsibility for public security and defense "temporarily" to Turkey. Authorities maintained effective control over the security forces. Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 33 The most significant problems reported during the year included: trafficking in persons; societal discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons; and absence of a system to handle asylum applications or protect the rights of asylum-seekers. Other problems reported during the year included mistreatment of persons in detention and in prison; overcrowding in prisons and poor prison conditions; lack of separation of incarcerated adults and juveniles; limited access to some places of worship; vandalism and removal of religious icons from vacant places of worship, including some sites that were damaged, close to collapse, or had been converted to other uses; corruption and cronyism in the executive and legislative branches; domestic violence against women; restrictions on freedom of speech and expression and pressure and censorship against journalists that interfered with their objective reporting; and failure of authorities to introduce and enforce adequate labor health and safety standards. Authorities took steps to investigate police officials following press allegations of abuses and corrupt practices. There was evidence, however, that officials sometimes engaged in corrupt practices with impunity. Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary or Unlawful Deprivation of Life There were no reports that authorities or their agents committed arbitrary or unlawful killings. b. Disappearance There were no reports of politically motivated disappearances. 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 to "torture," which falls under the section of the criminal code that deals with assault, violence, and battery. Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 34 According to the "Attorney General's Office," there were no allegations or complaints filed with it involving police misconduct towards detainees, including violence and torture. The "Attorney General's Office" reported that an investigation pending since 2014 was concluded and a "police officer" was given disciplinary punishment by the "police." The office considered that the complaints regarding the other case were baseless. The "Attorney General's Office" also reported that there had been no complaints regarding police abuse during the year and therefore no investigations were carried out. Prison and Detention Center Conditions Prison and detention center conditions did not meet international standards in a number of areas, and prison overcrowding was a particular problem. Insufficient prison infrastructure, guards, and other staff were also problems. Physical Conditions: The area's prison, located in the northern part of Nicosia and built in 1982, has a stated capacity of 291. As of October it held 333 prisoners and pretrial detainees. Approximately 28 percent of the prison population consisted of persons awaiting trial. As of October, the prison system held 18 female prisoners and one juvenile. There were also concerns that authorities detained women and children without legal cause. In March trade unions reported deficiencies in the prison, including working conditions and the status of guards and infrastructure. The prison did not separate adults and juveniles, and there were no detention or correction centers for children. As of October there were no reports of deaths in the prison or detention centers during the year. An NGO representative stated that facilities lacked health and other services and that inmates had limited access to washing water and hot water. Human rights advocates reported the prison had an inadequate level of health care and a lack of medical supplies; no full-time doctor, psychiatrist, or psychologist; and an insufficient number of social workers. Human rights activists also reported major problems in security, including a lack of measures to reduce violence between inmates and detainees and overcrowded cells. Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 35 Administration: Recordkeeping on inmates was inadequate. Community service was not available as an alternative to prison confinement for nonviolent offenders, although there were other alternatives, including warnings, conditional and unconditional release, bail, and psychological and social counseling. The scope of the "ombudsman's" duties does not include advocating for reduced or alternative sentences or addressing the status of juvenile prisoners or improving detention or bail conditions. According to the "law," all prisoners and detainees must undergo a medical examination before entering the Central Prison. The prison authorities reported that the same doctor visits the Central Prison twice a week and is on-call for emergencies. According to authorities, prisoners and detainees could submit complaints to judicial authorities without censorship and request investigation of credible allegations of inhuman conditions. Authorities reported they did not receive any complaints. Authorities stated that all prisoners could observe their religious practices and that an imam visited the prison once a week to conduct Friday prayers. Independent Monitoring: Authorities stated that prison monitoring was permitted. Media outlets and one foreign embassy visited the prison on multiple occasions. In one case, authorities invited journalists to participate in various workshops and language course-completion ceremonies for inmates. Improvements: Authorities took some steps to improve conditions and morale in the prisons. The authorities reported that the prison administrators are pursuing a prisoner reentry project and are providing education based examinations to inmates. Also, in June, products made by inmates during vocational courses in prison were available for purchase at exhibitions outside of the prison. In addition, prison authorities have changed the food policy, and are now outsourcing prisoner meals instead of making them in the cafeteria. Authorities reported that an x-ray machine was purchased for the prison. The authorities reported that a dentistry unit was established at the Central Prison to provide free dental services to inmates. d. Arbitrary Arrest or Detention Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS The "law" prohibits arbitrary arrest and detention, and authorities generally observed these prohibitions. Role of the Police and Security Apparatus 36 Police are responsible for enforcement of the "law." The "chief of police" reports to a "general," who is nominally under the supervision of the "Prime Ministry," holding the "security portfolio." Police and Turkish Cypriot security forces are ultimately under the operational command of the Turkish armed forces, per the "TRNC constitution," which "temporarily" cedes responsibility for public security and defense to Turkey. Security forces generally cooperated with civilian authorities and were effective in enforcing the "law." Allegations of unfair police promotions sparked discussion in "parliament" regarding the civilianization of the police. The police force consists of eight functional and five geographic divisions. The "Attorney General's Office" continued to work with the police inspection division (or occasionally the criminal investigative division) to investigate allegations of police misconduct. In August the press reported that the police financial crime unit was having difficulties functioning due to lack of information technology and understanding of cybercrime "laws." Arrest Procedures and Treatment of Detainees Judicially issued warrants are required for arrests. Authorities may not detain a person longer than 24 hours without referring the case to the "courts" for a longer period of detention. 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. 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. Bail existed and was routinely used. Authorities usually allowed detainees prompt access to family members and a lawyer of their choice. Authorities provided lawyers to the indigent only for cases involving violent offenses. Police sometimes did not observe legal protections, particularly at the time of arrest. In contradiction to the "law," some "courts" did not permit suspects to have Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS their lawyers present when giving testimony. Suspects who demanded the presence of a lawyer were sometimes physically intimidated or threatened with stiffer charges. e. Denial of Fair Public Trial The "law" provides for an independent judiciary, and authorities generally respected judicial independence. 37 Most criminal and civil cases begin in district "courts," from which appeals are made to the "Supreme Court." There were no special "courts" for political offenses. 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 trial, and independent judicial authorities generally enforced this right. The "TRNC constitution" provides for 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. Authorities provide lawyers to indigent defendants only in cases involving violent offenses. Defendants may question witnesses against them and present evidence and witnesses on their behalf. The "law" also requires that defendants and their attorneys have access to evidence held by the "government" related to their cases. Defendants enjoy a presumption of innocence and have a right to appeal. Authorities generally respected these rights and generally respected "court" orders. In October various NGO representatives and human rights lawyers noted that defendants did not fully enjoy the right to be informed promptly and in detail of the charges brought against them. The representative added that there was a lack of sufficient interpretation for some languages as well as a lack of professional translation. For example, authorities recruited nonprofessional translators haphazardly, and they did not translate everything said during "court" proceedings. Insufficient translation also delayed hearings and caused longer detention periods for suspects. Political Prisoners and Detainees There were no reports of political prisoners or detainees. Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS Civil Judicial Procedures and Remedies Individuals or organizations may seek civil remedies for human rights violations through domestic "courts." Authorities generally respect "court" orders. Property Restitution 38 Greek Cypriots continued to pursue property suits in the European Court of Human Rights (ECHR) against the Turkish government for the loss since 1974 of property located in the area administered by Turkish Cypriots. Turkish Cypriots pursued claims against the Republic of Cyprus as well. Under ECHR rules, if adequate local remedies exist, an appellant does not have standing to bring a case before the ECHR until that appellant exhausts all local remedies. In response to the ECHR's 2005 ruling in the Xenides-Arestis case that Turkey's "subordinate local authorities" in Cyprus had not provided an adequate local remedy, a property commission was established to handle claims by Greek Cypriots. In 2006 the ECHR ruled that the commission had satisfied "in principle" the ECHR's requirement for an effective local remedy. In a 2010 ruling, the ECHR recognized the property commission as a domestic remedy. As of October claimants had filed a total of 6,232 applications with the commission, 703 of which were concluded through friendly settlements and 19 through formal hearings. The commission has paid more than 211 million British pounds ($320 million) to the applicants in compensation. f. Arbitrary Interference with Privacy, Family, Home, or Correspondence The "law" prohibits such actions. There were reports that police subjected Greek Cypriots and Maronites living in the area administered by Turkish Cypriots to surveillance. Although authorities reported otherwise, a Maronite representative asserted that during the year the Turkish armed forces occupied 18 houses in the Maronite village of Karpashia. In August the press reported that the Karpashia village had not received water services from the Lapta "municipality" for two months, even though residents had paid their utility bills. Speaking to the press, the "village muhtar" stated there were 25 Maronite families living in Karpashia and called on authorities to fix the water problem. Authorities informed the Maronites that there were problems with the water pipeline serving the village. Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS Section 2. Respect for Civil Liberties, Including: a. Freedom of Speech and Press 39 The "law" provides for freedom of speech and press, and authorities generally respected this right. Individuals were usually able to criticize authorities publicly without reprisal, with some exceptions. Freedom of Speech and Expression: There is no law that restricts use of non"TRNC" flags or symbols. Some individuals who have flown Republic of Cyprus flags, however, have been heavily criticized and were put on trial on charges of "disturbing the peace" or "provocative actions." In May a Turkish Cypriot couple on trial for flying the Republic of Cyprus flag unfurled the flag outside of the "court" building and was physically attacked by members of the ultra-nationalist Grey Wolves movement. According to press reports, police called for backup and created a barricade around the area. Later that month, approximately 100 Grey Wolf members who had convened in front of the "court" confronted the couple to protest their actions and attacked police vehicles. On June 17, the "court" ruled that the arguments against the couple alleging that they disturbed the community by unfurling a Republic of Cyprus flag in a public place and had destructive intentions against the "TRNC state" were insufficient and acquitted both. Prosecutors had charged the couple with inappropriate actions, degrading the "TRNC," and defamation for flying Republic of Cyprus flags outside their home and shop in Famagusta in 2013. Press and Media Freedoms: While authorities generally respected press freedom, they at times obstructed journalists in their reporting. Journalists practiced selfcensorship for fear of losing their jobs in connection with investigating a story. One media representative complained that press and media representatives were prevented from getting close enough to conduct on-site reporting during incidents or to follow up reporting at "court" hearings. Journalists also alleged that owners of media outlets influenced press coverage and discouraged journalists from reporting contrary to the owners' views. Violence and Harassment: Defendants in "court" cases allegedly threatened journalists, who also faced pressure for their reporting from companies that advertised in their publications. Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 40 In March, three masked persons attacked a journalist departing a fitness club. No results have been announced from a police investigation of the incident. The journalist received head injuries that required five stitches. The press speculated that the attack was linked to editorials he wrote about drug use in the north. Censorship or Content Restrictions: Journalists cannot access or report on persons under control of the armed forces. The Turkish Cypriot Journalists Association reported that authorities used these grounds to deny access and prevent journalists from investigating subjects such as suicides or allegations of police torture or battery within the military or police systems. Internet Freedom Authorities did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that they monitored private online communications without appropriate legal authority. Although technological developments improved the delivery methods for journalists, they reported continued difficulties in accessing public information. In March the press reported that there were 62,000 internet subscribers in the north. An estimated 90 percent of internet subscribers used high speed or wireless connections while 10 percent used dial-up. Academic Freedom and Cultural Events Authorities did not restrict academic freedom or cultural events. b. Freedom of Peaceful Assembly and Association Freedom of Assembly The "law" provides for the freedoms of assembly, and authorities usually respected this right. In May the press reported that police brought charges against 12 teachers who had demonstrated at "parliament" the month before. Police filed the charges after a "member of parliament" from the National Unity Party complained that the demonstrators were trespassing on "parliament." Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 41 In March the Nicosia Workers' Union demonstrated in front of the "Auditor's Office" and protested that the "Auditor's Office" had delayed publishing a report allegedly showing that the former administration of Nicosia Turkish Municipality was involved in corruption and pushed the municipality to the edge of bankruptcy. Freedom of Association The "law" provides for the freedom of association, and authorities generally respected this right, although some organizations faced lengthy registration periods. c. Freedom of Religion See the Department of State's International Religious Freedom Report at www.state.gov/religiousfreedomreport/. d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons The "law" provides for freedom of movement within the area administered by Turkish Cypriots, foreign travel, emigration, and repatriation, and authorities generally respected these rights. An intermediary NGO handled cooperation between UNHCR and Turkish Cypriot authorities. Because no "law" exists regarding the handling of asylum applications, the UNHCR representative in the Republic of Cyprus adjudicated asylum claims. In-country Movement: Authorities required Greek Cypriots and Turkish Cypriots to show identification cards when crossing the "Green Line." A previous requirement that Greek Cypriots and foreigners crossing into the area administered by Turkish Cypriots fill out a "visa" form was lifted in May. Only Turkey recognizes travel documents issued by the "TRNC." Some Turkish Cypriots used Turkish travel documents, but many obtained travel documents issued by the Republic of Cyprus. Turkish Cypriots born after 1974 to parents who, prior to 1974, were both Republic of Cyprus citizens obtained passports relatively easily, compared with Turkish Cypriots born after 1974 to only one Cypriot parent. Internally Displaced Persons (IDPs) Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 42 Turkish Cypriots considered persons displaced as a result of the island's 1974 division to be refugees, although they fell under the United Nation's definition of IDPs. At the time of the division, this number was approximately 60,000 in the north. They were resettled; had access to humanitarian organizations; and were not subject to attack, targeting, or return under dangerous conditions. Turkish Cypriots and Greek Cypriots are engaged in ongoing UN-facilitated negotiations including discussions to resolve the issues of their lost property. Protection of Refugees Access to Asylum: The 1951 Convention relating to the Status of Refugees is incorporated into Turkish Cypriot domestic "law," as were all other "laws" that originated from the British colonial period and the pre-1963 Republic of Cyprus period and were later "ratified" by the Turkish Cypriot administration. There is no "law" or system in place for dealing with asylum seekers or the protection of refugees. Turkish Cypriot authorities evaluated individuals on a case-by-case basis and generally cooperated with the UNHCR local implementing NGO partner, the Refugee Rights Association (RRA). As of August 2, authorities facilitated the access of 66 asylum seekers to UNHCR representatives in the UN buffer zone, but there were no reliable estimates of the total number of asylum seekers who crossed into the government-controlled area because irregular crossings were unrecorded. There were reports that Turkish Cypriot authorities deported numerous asylum seekers during the year before a determination was made regarding their status and that not all received facilitated access to continue their claims with UNHCR, leading to either imprisonment or systematic deportations. Some potential asylum seekers who attempted to enter the area administered by Turkish Cypriots illegally were arrested, taken to "court," and deported after serving their sentences. The RRA reported that as of October there were 72 refugees in the "TRNC," including 33 children. The RRA added that the refugees were from Syria, the Palestinian Territories, the Central African Republic, and Egypt. Refoulement: Authorities did not provide protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened. During the year the RRA stated that, despite its efforts, authorities at ports often denied entry to asylum seekers, and that those trying to enter the north illegally were usually detained and subsequently deported. Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 43 Human rights associations continued to work with authorities, including UNHCR, to provide protection for asylum seekers from refoulement, at times without success. With the involvement of these associations and increased facilitation from Turkish Cypriot authorities, several asylum seekers traveled to Turkey or entered the government-controlled area, through the UN-patrolled area, and started the asylum process there. Employment: According to immigration "law," employers need official permission from the "Department of Labor" to register foreign workers. Authorities prohibited entry or deported illegal immigrants without work permits. Authorities sometimes treated asylum seekers as illegal immigrants and either deported them or denied them entry. In January the press reported that, in the year prior to October 2014, authorities provided 43,323 non-"TRNC" citizens work permits in the north but did not report how many of these were asylum seekers. A "regulation" provides that any employer of illegal workers may be fined 8,650 Turkish lira ($3,170) or face closure of their business for two months. During the year the "Labor Authority" stated that it had identified workers without work permits. As of September 30, the "Labor Authority" had checked 841 workers to verify their status and fined 134 employers of 226 illegal workers a total of 1.9 million Turkish lira ($696,000). Access to Basic Services: According to the RRA, at the end of June, there were 79 asylum seekers residing and working (often for below-minimum wages or in exchange for food) or attending school in the area administered by Turkish Cypriots. They could not travel abroad because they would be unable to return due to their lack of status, which rendered them illegal according to Turkish Cypriot immigration rules. UNHCR provided financial assistance to asylum seekers only in exceptional cases. Section 3. Freedom to Participate in the Political Process The "law" provides Turkish Cypriots the ability to change their "government" through free and fair periodic elections held on the basis of universal suffrage, and Turkish Cypriots exercised that ability. Elections and Political Participation Recent Elections: Turkish Cypriots choose a leader and a representative body every five years or less. On April 26, Turkish Cypriots elected Mustafa Akinci Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS "president" in free and fair elections. In 2013 Turkish Cypriots held early "parliamentary" elections that observers also considered free and fair. 44 Political Parties and Political Participation: While membership or nonmembership in the dominant party did not confer formal advantages or disadvantages, there were widespread allegations of political cronyism and nepotism. Participation of Women and Minorities: There were no laws or cultural practices preventing women from participating in political life. Turkish Cypriot authorities did not permit Greek Cypriots and Maronite residents to participate in Turkish Cypriot elections. The two groups were eligible to vote in Greek Cypriot elections but had to travel to the government-controlled area to exercise that right. Greek Cypriot and Maronite enclave communities in the area administered by Turkish Cypriots directly elected municipal officials. Turkish Cypriot authorities did not recognize these officials. There was no minority representation in the 50-seat "parliament" or in the "cabinet." Section 4. Corruption and Lack of Transparency in Government The "law" provides criminal penalties for official corruption. Authorities did not implement the "law" effectively, and "officials" sometimes engaged in corrupt practices with impunity. Observers generally perceived corruption, cronyism, and lack of transparency to be serious problems in the legislative and executive branches. Corruption: In April the press reported that a municipal worker responsible for the cemetery in Nicosia sold the same spots in the cemetery to multiple persons, illegally pocketing 100,000 Turkish lira ($36,600). The municipality opened an investigation into the case. Financial Disclosure: The "law" provides that all "government" employees must declare their wealth and assets, including those who are elected; "Council of Ministers" appointees; all "judges" and "prosecutors;" the "ombudsman"; "Audit Office chair;" and "Audit Office members." All employees who fall under the definition must declare any immovable property, money, equity shares, stocks, any jewelry worth five times their monthly salary, receivables and debts, and all other movable property and salary, of their selves, their spouse, and all children under their custody, every five years. The disclosure is made internally and is not public information. Once declarations are overdue, the employee receives a written warning to disclose wealth within 30 days. If unsuccessful, a complaint is filed Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 45 with the "Attorney General's Office." The penalty for noncompliance is a fine of up to 5,000 Turkish lira ($1,830) or three months imprisonment, or both. If confidentiality is violated, employees may receive up to 10,000 Turkish lira ($3,660) or 12 months' imprisonment, or both. Public Access to Information: The "constitution" provides free access to "government" information, and the "law" provides for public access. "Civil servants" were not allowed to provide access to "government" documents without first obtaining permission from their superiors or "minister." NGO representatives complained that there were delays, out-of-date information, and problems concerning access. One NGO complained about the procedure of accessing information and claimed that some access was denied or deliberately delayed. Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights A limited number of domestic human rights groups operated in the area administered by Turkish Cypriots. Authorities' cooperation with NGOs improved beginning in 2013. Many local human rights groups were concerned with human rights conditions in the area administered by Turkish Cypriots. NGOs promoted awareness of domestic violence; women's rights; rights of asylum seekers, refugees, and immigrants; trafficking in persons; torture; and rights of LGBTI persons. These groups had little impact on specific "legislation" to improve the protection of human rights. Section 6. Discrimination, Societal Abuses, and Trafficking in Persons The "law" prohibits discrimination based on race, sex, religion, political; opinion, national; origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, HIV-status, or presence of other communicable diseases. Authorities generally enforced these prohibitions. Women Rape and Domestic Violence: The "law" criminalizes rape, including spousal rape, and provides for a maximum sentence of life imprisonment. Authorities and police enforced the "law" effectively. There were no NGOs whose specific Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 46 mission was to support rape victims. One NGO representative reported there was societal pressure against reporting incidents of spousal rape. Violence against women, including spousal abuse, was a problem. The "law" prohibits domestic violence under a general assault/violence/battery clause in the "criminal code." While allegations of domestic violence were usually considered a family matter and settled without prosecution, a few cases of domestic violence were prosecuted that resulted in fines and bail but no prison sentences. According to police reports published in March, between January 2013 and April 2014, a total of 264 women were exposed to violence. The report stated that 97 percent of these women applied to "social services" through the police for further assistance. In February, the "social services officer" announced that, in the period 2012-14, some 521 women reported being subjected to violence, according to domestic violence forms filled in by police and others. She noted that her office would call or visit women who filed complaints but were not able to come in for help. In August a woman who was trying to escape from her husband to a neighbor's house over her balcony fell 21 feet and died at the hospital. The night of the incident, police arrested her husband, who confessed that he had fought with his wife and beat her because she received a text message. In August police released statistics from the domestic violence hotline indicating that, over the previous 19 months, 364 women reported being subjected to domestic violence, with 96.7 percent saying that they had been beaten. According to the report, between January 2014 and July 2015, the hotline was called 2,639 times. In September the "cabinet" decided to allocate land for the construction of a women's shelter. Speaking to the press, the "social services director" stated that there were two women in a temporary shelter and two more women with their children scheduled to be transferred to the temporary shelter. Sexual Harassment: The "criminal code" prohibits sexual harassment and considers it a misdemeanor punishable by up to 12 months imprisonment and/or an unspecified fine. According to NGOs, incidents of sexual harassment went largely unreported. Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 47 Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children, manage their reproductive health, and have access to the information and means to do so, free from discrimination, coercion, or violence. Discrimination: Women generally have the same legal status as men under family, labor, property, nationality, and inheritance "laws." Women experienced discrimination in such areas as employment, credit, owning or managing businesses, education, and housing. The "government" generally enforced "laws" requiring equal pay for men and women performing the same work at the whitecollar level. Women working in the agricultural and textile sectors routinely received less pay than their male counterparts (see section 7.d.). In June, the press reported that a number of NGOs criticized the Near East University Hospital for firing a woman working in the hospital after she got pregnant. Children Birth Registration: Children derive "citizenship" from their parents, and there was universal registration at birth. Child Abuse: There were reports of child abuse. As with domestic violence, there were social and cultural disincentives to seeking legal remedies for such problems, which observers believed were underreported. Early and Forced Marriage: The minimum age of marriage for girls and boys is 18. A "court" may allow marriages for minors who are between the ages of 16 and 18 if they receive parental consent. Sexual Exploitation of Children: The "criminal code" prohibits commercial sexual exploitation of children, and authorities generally enforced the prohibition. The age of consent is 16. Statutory rape or attempted statutory rape of a minor under the age of 16 is classified as a felony, and the maximum penalty is life imprisonment. If the offender is under 18 and two years or less apart in age from the victim, then this is a misdemeanor punished by up to two years in prison and/or an unspecified fine. There are no "laws" regarding child pornography. Anti-Semitism Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 48 The small Jewish community consisted primarily of nonresident businesspersons. There were no reports of anti-Semitic acts. Trafficking in Persons See the Department of State's Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/. Persons with Disabilities The "law" prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, air travel and other transportation, access to health care, or in the provision of other "state" services, and authorities effectively enforced these provisions. The "law" does not mandate access to public buildings and other facilities for persons with disabilities, and the disability community complained of the absence of infrastructure in public areas, including lack of sidewalks, blocked sidewalks, and the inability to use public transportation. National/Racial/Ethnic Minorities The "law" prohibits discrimination, and the 1975 Vienna III Agreement remains the legal source of authority regarding the treatment of the 335 Greek Cypriot and 93 Maronite residents in the area administered by Turkish Cypriots. Under the Vienna III Agreement, the UN Peacekeeping Force in Cyprus (UNFICYP) visited enclaved Greek Cypriot residents weekly and Maronites twice a month; additional visits require preapproval by Turkish Cypriot authorities. Although the Vienna III Agreement provides for medical care by a doctor from the Greek Cypriot community, authorities permitted such care only by registered Turkish Cypriot doctors. Individuals living in enclaves also traveled to the government-controlled area for medical care. Greek Cypriots and Maronites were able to take possession of some of their properties but were unable to leave their properties to heirs residing in the government-controlled area. A Maronite representative asserted that Maronites were not allowed to bequeath property to heirs who do not reside in the area administered by Turkish Cypriots and possess "TRNC" identification cards. Authorities allowed the enclaved residents to make improvements to their homes and apply for permission to build new structures on their properties. Maronites Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS living in the government-controlled area could use their properties in the north only if those properties were not under the control of the Turkish military or allocated to Turkish Cypriots. A small Kurdish minority that emigrated from Turkey in the 1980s lived in the area administered by Turkish Cypriots. There were reports of social and job discrimination against the Kurds as well as allegations that police closely monitored Kurdish activities, in particular the annual Nowruz Festival. Authorities noted that the majority of foreign workers were from Turkey and worked in the service (hotel, restaurant, catering) and construction sectors. Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity 49 The "law" prohibits discrimination based on sexual orientation or gender identity. Homosexuality remained a social taboo and was rarely discussed. Few LGBTI persons were publicly open about their sexual orientation or gender identity. While there were no cases recorded of official or societal discrimination based on sexual orientation in employment, housing, or access to education or health care, members of the LGBTI community noted that an overwhelming majority of LGBTI persons hid their sexual orientation or gender identity to avoid such problems. Section 7. Worker Rights a. Freedom of Association and the Right to Collective Bargaining The "law" provides for the rights of workers, except members of the police and Turkish Cypriot security forces, to form and join independent unions of their own choosing without prior authorization. The "law" allows unions to conduct their activities without interference and provides for the right to strike with the requirement that a union notify authorities in writing if the duration of strike is longer than 24 hours. The "law" does not provide for reinstatement of workers fired for union activities nor permit "judges," members of the police force, and Turkish Cypriot security forces to strike. The "council of ministers" has the power to curtail a strike twice a year for up to 60 days if it affects the general health, security, or public order or if it prevents the provision of essential services. There Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 50 is no list of what constitutes essential services. The "law" provides for collective bargaining but does not prohibit antiunion discrimination. According to union representatives, the "government" did not effectively enforce applicable "laws." Despite having the rights of freedom of association and collective bargaining, there was almost no unionization among the estimated 70,000-80,000 workers in the private sector. According to a union representative, if private sector workers affected business operations while seeking their rights, the employer would likely replace the employees. The labor authorities and the "state" did not provide adequate resources, inspections, or improvements and did not implement labor "laws." There was one labor inspector, and a written complaint from a union was required to begin an investigation. If necessary, the "registrar's office" filed a complaint with the "Attorney General's Office." Any employer who violates the "law" can be fined from two to eight times the monthly minimum wage of 1,730 Turkish lira ($634). Workers formed and joined independent unions. Some companies pressured workers to join unions that the company led or approved. Officials of independent unions claimed that authorities created rival public sector unions to weaken the independent unions. Workers exercised the right to bargain collectively. Public and semipublic employees benefited from collective bargaining agreements. Semipublic employees worked for companies run jointly by public and private enterprises where, for example, the "government" handled administration while the company's budget came from private sources. Private sector employers were able to discourage union activity because the enforcement of labor "regulations" in the private sector was sporadic. In February the press reported that there were 1,875 registered NGOs in the area administrated by Turkish Cypriots. There are 479 solidarity NGOs; 264 cultural NGOS; 45 women's rights NGOs; 552 sports NGOs; 74 health NGOs; 290 professional NGOs; 55 environmental NGOs; 74 religious NGOs; 6 traffic safety NGOs; 26 NGOs for veterans, war casualties, and their families; and 10 NGOs for retirees. In August a new private sector workers union (Ozel-Sen) was established in the north, with the stated aim of filling the gap in union protections for private sector workers. Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 51 b. Prohibition of Forced or Compulsory Labor "Laws" prohibit all forms of forced or compulsory labor. The "government" did not effectively enforce the "law." Information regarding the adequacy of inspections and resources was not available. Forced labor was reportedly punishable by up to one year in prison, a term that was not commensurate with other serious crimes and was not adequate to deter violations. There were reports of forced labor during the year. Conditions of forced labor existed for men and women employed in the industrial, construction, agriculture, restaurant, and retail sectors. Migrant workers in the construction and agricultural sectors were subjected to reduced wages and nonpayment of wages, beatings, and threats of deportation. Also see the Department of State's Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/. c. Prohibition of Child Labor and Minimum Age for Employment The minimum age for employment is 15, the last year for which education is compulsory. Employers may hire children between the ages of 15 and 18 in apprentice positions under a special status. Children over the age of 15 can work, although they are restricted to not more than six hours per day and 30 hours per week. The "law" prohibits children between 15 and 18 from working during mealtimes, at night, in heavy physical labor, and under dangerous conditions. The "law" also states that every six months the employer must prove, with medical certification, that the physical work done by a child is suitable for children. Written parental consent is also required, and children are entitled to the wage of a full-time employee, although they can work a maximum of six hours. The "law" generally provides protection for children from exploitation in the workplace. The "Ministry of Labor and Social Security" is responsible for enforcing child labor "laws" and policies. Resources and inspections were not adequate to deter violations. Penalties for violations consist of fines and "court" procedures. An employer is fined 8,650 Turkish lira ($3,170) per incident of child labor involving a foreigner. Authorities reported that the labor inspectors identified 18 child laborers in various workplaces. Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 52 NGOs alleged authorities did not always effectively enforce the "laws," and employers used children, mainly from Turkey, for labor, primarily working alongside their families in the agricultural, manufacturing, automotive, and construction sectors. NGOs reported children worked in dangerous conditions, such as on construction sites, and were subjected to heavy physical work despite "laws" to the contrary. One NGO reported that some employers delayed applying for work permits for seasonal agricultural workers from Turkey, which prevented the workers' children from being eligible for local schooling. According to one NGO, child labor in the urban informal economy was also a problem, albeit to a lesser extent than in the agricultural and manufacturing sectors. The sight of children selling tissues or other small items on the street became more commonplace, particularly in neighborhoods in Nicosia with large immigrant populations. It was common in family-run shops for children to work after school and for young children to work on their family farms. In January the press reported the dangerous conditions for construction workers at the Turkish-funded religious complex adjoining the Hala Sultan Divinity School, especially workers doing construction work around the tall minarets. On June 11, press reported that a worker fell to his death from the seventh story of a building under construction in the latest of a series of workplace accidents. The local paper called for workplace safety "laws" to be enforced. Dev-Is workers union held a demonstration in front of the "Ministry of Labor" to protest and call for implementation of labor "laws." In August during a heat wave, the "Ministry of Labor" announced restricted working hours for anyone working outside between noon and 4 p.m. during the day, with fines for employers violating the restriction. The "minister" of labor announced that they inspected 215 workplaces and gave out 38 letters to employers who had continued operations during restricted working hours. During these inspections, labor inspectors identified 13 illegal workers and, as a result, fined four employers a total of 108,875 Turkish lira ($39,900). According to labor authorities, during the year there were 94 work-place accidents, six of which resulted in fatalities. d. Discrimination with Respect to Employment or Occupation Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 53 The "law" generally prohibits discrimination with respect to employment or occupation regarding race, sex, gender, disability, language, sexual orientation and/or gender identity, and social status. The "government" did not effectively enforce these "laws." Discrimination in employment and occupation occurred with respect to race, ethnicity, sex, disability, and gender. Foreign migrant workers faced societal discrimination, with respect to ethnicity, race, and religious belief. e. Acceptable Conditions of Work The "government" increased the minimum wage from 1,675 Turkish lira ($614) to 1,730 Turkish lira ($634). A public sector union announced to the press that the "hunger level" was 1,572 Turkish lira ($576) per month and the poverty level was 7,137 Turkish lira ($2,610) per month for a four-member family. Limited information was available on conditions of work. Accommodations for migrant workers, either as part of their compensation or for those made to pay, were substandard. The standard workweek for the private and public sectors is 40 hours. There was premium pay for overtime in the public sector. Premium pay for overtime was also required, but frequently was not paid, in the private sector. The "law" prohibits compulsory overtime and provides for paid annual holidays. Occupational safety and health standards are not current. Despite occasional inspections of working conditions by labor authorities, enforcement was rare and authorities did not effectively enforce standards in all sectors. The "Ministry of Labor and Social Security" is responsible for enforcing the minimum wage. Employers paid undocumented migrant workers below the minimum wage, and enforcement of occupational safety and health regulations was sporadic. There was little improvement in working conditions, particularly for hazardous sectors and vulnerable groups. It was common practice to deport workers claiming violations. Authorities did not apply penalties to violators, and resources and inspections were not adequate to protect worker rights. The "government" has not established social protections for workers in the informal economy. According to a local newspaper, from 2006 through August 2015, there were 2,236 work accidents, 55 of which resulted in deaths and 555 of which were in the construction industry. Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor CYPRUS 54 Workers were not able to remove themselves from situations that endangered health or safety without jeopardy to their employment. Authorities did not protect workers in these situations. Country Reports on Human Rights Practices for 2015 United States Department of State · Bureau of Democracy, Human Rights and Labor