The first report on Cyprus of the Council of Europe's Expert Group on action against violence against women and domestic violence (GREVIO), which oversees the implementation of the Istanbul Convention,[/B] notes many areas where there is a need for Cyprus to step up its action to comply with the standards of the Convention. At the same time, it highlights positive legal and policy measures taken by the Cypriot authorities since the ratification of the Convention.
In March 2022, a delegation of the Committee made its first field visit to Cyprus to assess the measures and policies in place to comply with the extensive guiding framework established by the international Convention.
The report stresses that a large number of legal and policy measures have been taken by the Cypriot authorities since the ratification of the Convention by Cyprus, "which demonstrate a firm determination to prevent and combat domestic violence and violence against women and to ensure gender equality".
These include the enactment of Law 115(1)/2021 on preventing and combating violence against women and domestic violence and related matters, the criminalisation of various forms of violence against women, the adoption of amendments to the definition of rape to bring it more in line with the Convention, as well as the entry into force of the 2021 law on protection from harassment and stalking and the 2020 law on combating sexism and sexist behaviour.
Despite the above actions, GREVIO notes in the report a number of issues where improvement is needed to achieve higher levels of compliance with the requirements of the Istanbul Convention.
In the area of protection, the report notes the absence of a referral centre for victims of rape or sexual violence, which provides holistic and comprehensive support to victims of sexual violence/rape.
He also notes that currently forensic evidence can be removed from the victim if she has reported the incident of violence to the police, a requirement which he says is inconsistent with the Convention.
In addition, structural deficiencies resulting from the coexistence of the 2000 Act on violence in family law and Act 115 on preventing and combating violence against women and domestic violence and related matters have been identified, leading to contradictory provisions on certain issues.
The report points out that despite the inclusion in two successive national action plans for gender equality of the objective of creating a central database on all forms of violence against women, no progress has been made so far in this regard.
According to the report, the data currently collected is, in fact, scarce, fragmentary and unable to provide a comprehensive picture of the prevalence of domestic violence and other forms of violence against women, the support and protection provided to victims and, more generally, the response of the relevant actors.
It also refers to the insufficient collection of statistics on the number of complaints received by the police, investigations initiated, charges brought and convictions handed down by the courts for any form of violence against women.
Despite training of officers for law enforcement on violence against women, the report highlights that prejudice and patriarchal attitudes remain rampant and have led to failure to record incidents of violence against women and inaction on the part of the police, leading victims in turn not to make complaints due to lack of confidence.
At the same time, the report highlights the way in which law enforcement authorities, under the guidance of the Public Prosecutor's Office, rely excessively on the victim's statement, resulting in a failure to collect additional evidence, which in turn has led to a low number of cases proceeding successfully to justice.
In addition, the report expresses serious concern about the lack of mandatory training for prosecutors and judges, noting that some have been reported to exhibit sexist and misogynistic attitudes towards female victims of domestic violence and sexual violence/rape, and generally do not adequately understand the paradigm shift in rape evidence following the amendment of the relevant law.
The report also identifies significant deficiencies in both the law and the practice of family courts when deciding on custody and visitation rights following domestic violence cases. According to the relevant laws, there is no explicit reference to domestic violence or other forms of violence against women as a legal criterion to be taken into account when deciding on custody and visitation rights.
Moreover, it adds, family courts appear to interpret that it is in the child's best interest to maintain contact with both parents in all cases, even when the child has witnessed violence. The report also expresses concerns about the increase in the use by the courts of the concept of so-called 'parental alienation syndrome' in domestic violence cases, a concept that is reportedly recognised as not existing, and the difficulties encountered in ensuring the safety of the victim and/or child when visiting with fathers who have been involved in domestic violence cases.
Acknowledging the difficulties that Cyprus faces
due to the unprecedented influx of migrants and asylum seekers, the report identifies significant challenges in ensuring a gender-sensitive asylum seeking process.
GREVIO also highlights the "accumulated risk" faced by female political asylum seekers who are victims of sexual violence and rape. The report refers to civil society complaints about landlords exploiting the vulnerable situation of women asylum seekers and their desperate need to find accommodation. Moreover, asylum-seeking and migrant women face difficulties in reporting gender-based violence and receiving support.
As the report states, at the Pournara reception centre
, insufficient measures have been taken to separate single women and unaccompanied girls, resulting in numerous complaints of sexual violence at the facility.
Among GREVIO's recommendations is that the Cypriot authorities set up crisis centres for cases of sexual violence and rape offering medical and forensic examinations and psychological support to victims.
It also calls for the amendment of the Parent-Child Relations Act and the development of guidelines for professionals to explicitly provide and ensure that when determining custody and contact rights for children, incidents of violence covered by the Istanbul Convention are taken into account and, in addition, to ensure that when exercising any visitation or custody rights, the rights and safety of the victim and her children are safeguarded.
In addition, in the report, GREVIO calls for the amendment of the Parent-Child Relations Act and the development of guidelines for professionals to explicitly provide and ensure that when determining custody and contact rights for children, incidents of violence covered by the Istanbul Convention are taken into account and, in addition, to ensure that when exercising any visitation or custody rights, the rights and safety of the victim and her children are safeguarded.
In addition, in the
It also calls on the Government to ensure that emergency restraining orders in cases of domestic violence can be issued quickly, in situations of imminent danger without lengthy procedures and with defined and strict time limits for their application and approval.
Calls for legislative or other measures to more precisely define the concept of consent in the context of offences of rape and sexual violence criminalised by the Criminal Code, specifying that it should be granted voluntarily as a result of the free will of the individual, assessed in the context of the circumstances.
The GREVIO report calls for the creation of specialized research units on domestic violence with specific training, guidance and expertise to handle cases of violence against women beyond domestic violence, such as stalking, digital forms of violence against women, sexual harassment, female genital mutilation, forced marriage and rape.
It also calls for ensuring that procedures are developed to identify and protect women asylum seekers and girls who are victims of gender-based violence and ensure that they are screened for such issues upon arrival (or immediately thereafter), ensuring prompt transfer to reception facilities or private accommodation and access to support and counselling services.
Source: KYPE
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