| The following pages are intended to be used as a reference guide and as general information about police and judicial systems in Interpol member countries in the European region. To facilitate understanding and make comprehension and comparison easier, the data from all contributing countries is presented in the same format. Police officers involved in international law enforcement matters especially should be aware of the many differences in police and judicial systems in Europe. This information will serve to aid this endeavour and hopefully promote greater efficiency in international police co-operation. |
1.1
Location
Cyprus is an island situated in the northern - eastern part of the Mediterranean
sea. The capital and the seat of Government is Nicosia.
1.2
Area - Population - Language
- 9,251 km² (40% of this area is occupied by the Turkish troops since
1974)
- 725,800 (end of the year 1999)
- Ethnic groups (1999): Greek Cypriots (84,1%), Turkish Cyptiots (11,7%),
Armenians (0,3%), Maronites (0,6%), Latins (0,1%), Foreign residents (3,2%).
- Religions (Census, 1960): Greek Orthodox (77%), Moslem (18%), Armenian
, Roman - Catholic, Maronite and others (5%).
- Languages: Greek and Turkish
1.3
Government
Cyprus is an independent, sovereign republic with a presidential system of
govern-ment. Under the 1960 Constitution of the Republic, executive power is
exercised by the President of the Republic, elected by universal suffrage for
a five-year term of office. The President is assisted in his executive duties
by a Council of Ministers appointed by him.
Legislative authority rests with the House of Representatives elected by universal
suffrage for a five-year term and the administration of justice is the responsibility
of a separate, independent judiciary.
2.1
Law enforcement bodies
The main objectives of the Cyprus Police are the maintenance of law and order
throughout the Republic, the preservation of peace, the prevention and detection
of crime and the apprehension of offenders, the protection of the population
and public installations, the improvement in the movement of road trafic and
the reduction of road accidents.
Cyprus Police have the authority to act throughout the territory of the Republic
based on the following legislation:
- Constitution of the Republic of Cyprus
- Police Law, Cap 285, as amended
- Police Regulations
- Police Standing Orders (issued by the Chief of Police).
2.2
Cyprus - Police Organization Chart
Under construction.
2.3
NCB structure
The NCB, which is the only Interpol office in Cyprus that operates at the Police
Headquarters, comes under the direct command of the European Union and International
Police Cooperation Directorate which is administratively and operationally under
the Chief of Police through the Assistant Chief of Police (adm). The European
Union and International Police Cooperation Directorate is responsible for issues
relating to European Union and coordinates and checks all the actions and activities
of the police which are related to the European course of Cyprus. The National
Central Bureau of Interpol, co-ordinates and assists in the investigation of
any crime, in Cyprus or abroad, when the investigations fall within the framework
of International Police co-operation and it may grant Judicial and Police Assistance
to foreign countries.
2.4
International investigations
Under Cyprus law only the competent authorities of the Cyprus Republic may
carry out investigations on the territory of the Republic. Requests for general
information or investigative actions must be sent to the Cyprus NCB which will
forward them to the appropriate police departments.
In general, a request for international judicial assistance must be sent to
the Ministry of Justice and Public Order by 'letter rogatory' with
a copy to the Cyprus NCB, which will ask the appropriate Cypriot police department
to make any necessary enquiries.
2.5
Pre-trial police and judicial powers
|
Police
|
Prosecutor
|
Magistrate/Judge
|
| Identity check |
Y
|
-
|
-
|
| Arrest |
1x24 hrs (*)
|
-
|
-
|
| Questioning |
Y
|
-
|
-
|
| Detention by police |
Y (**)
|
-
|
-
|
| Custody (on judicial order) |
Y
|
-
|
-
|
| Search of person |
Y (***)
|
-
|
-
|
| Search of premises |
Y
|
-
|
-
|
| Confiscation of property |
-
|
-
|
Y
|
(*) Arrests may only be made pursuant to a judicial warrant,
except in the case of a flagrant offence.
(**) Every person arrested must be brought before the Court as soon as possible
and not later than 24 hrs. The judge may order that a person be remanded in
police custody for a period of eight days and the total period of such remand
must not exceed three months.
(***) Only pursuant to a judicial search warrant.
3.1
General
Free access to justice, the right to a fair trial and the right to recourse
to the courts against public authority measures are prescribed and ensured by
constitutional provisions.
In criminal cases, the accused is presumed innocent until proven guitly according
to the Law. Nobody can be tried twice for the same offence and the punishment
cannot be disproportionate to the severity of the offence. Arrest and detention
are judicially controlled.
The judiciary is established by the Constitution and the relevant Laws as an
independant, self governing and self administered body in the State.
It is organised on a two levels system:
- first instance Courts (District Courts, Assize Courts, Family Courts, Industrial
Disputes Courts, Rent Control Tribunals and Military Court).
- the Supreme Court
Criminal jurisdiction is exercised at first instance by the District Courts
(summary trial before a single judge) for offences punishable by a term of imprisonment
not exceeding 5 years and/or a fine not exceeding C£ 50.000, and by the
Assize Courts (trials on information before three judges) for offences punishable
with imprisonment exceeding 5 years. Appeals lies in every case.
All appeals are tried by the Supreme Court. On appeal a sentence may be reduced
if considered either manifestly excessive or wrong in principle. It may also
be increased if held that it is grossly inadequate.
The jury system is not followed in Cyprus. All judges are professional.
3.2
Prosecution
Criminal proceedings for any offence against any person in the Republic are
instituted, conducted, taken over and continued or discontinued by, or under
the instructions of the Attorney-General, an Independant Officer who holds office
on the same terms and conditions as judges of the Supreme Court.
All offences triable on information are instituted and conducted before the
Assize Court by or on behalf of the Attorney General. Prosecutions for offences
triable summarily are conducted by members of the police who are qualified lawyers.
Criminal Courts may handle international requests in accordance with the multilateral
and bilateral treaties ratified by Cyprus.
| 4. Investigation possibilities and international
co-operation |
|
|
4.1
Possibilities
|
Y/N
|
Remarks
|
Telephone tracing
|
Y
|
According to the Cyprus Constitution
telephone tapping is illegal. Therefore, no interception, recording and
transcription of telecommunication can be made. |
Telephone tapping
|
N
|
|
Bugging public premises
|
N
|
|
Bugging other premises
|
N
|
|
Bugging homes
|
N
|
|
Electronic tracking
|
N
|
|
Surveillance
|
Y
|
|
Pseudo-buying
|
Y
|
|
Controlled delivery
|
N
|
|
Infiltration
|
Y
|
Hearsay evidence not admissible before
the Court |
| Witness protection |
Y
|
|
(*) All mentioned means are possible according to the national legislation,
but the means marked are being familiarised by the police
4.2
Access to files (through NCB)
|
Y/N
|
Response time
|
Remarks
|
|
Wanted persons
|
Y |
24 hrs |
|
|
Missing persons
|
Y |
24 hrs |
|
|
Stolen motor vehicles
|
Y |
24 hrs |
|
|
Stolen property
|
Y |
24 hrs |
|
|
Criminal records
|
Y |
24 hrs |
Under development |
|
Fingerprints
|
Y |
24 hrs |
|
|
Photographs of criminels
|
Y |
24 hrs |
|
| Serving prisoners |
Y |
24 hrs |
|
|
Listed telephone subscribers
|
Y |
24 hrs |
|
|
Unlisted telephone subscribers
|
Y |
24 hrs |
|
|
Vehicle owners and registrations
|
Y |
2 hrs |
On line |
|
Passports
|
Y |
24 hrs |
|
Company registers
|
Y |
48 hrs |
|
Driving licences
|
Y |
48 hrs |
|
National register / Electoral roll
|
Y |
48 hrs |
|
Bank accounts
|
N |
|
|
| Tax information |
N |
|
|
4.3
Liaison officers
4.3.1 Cypriot Liaison officers posted abroad
- One Police Officer has been seconded at the Cyprus Embassy - The Hague,
as Liaison officer with Europol.
- Six Police Officers participate at the European Union Police Mission (EUPM)
at Bosnia Herzegobina and four Police Officers participate at the European
Union Police Mission (PROXIMA) at FYROM .
- Cyprus Police Officers have been appointed to the following embassies of
cyprus for viza issues purposes:
- China
- Egypt
- India
- Iran
- Lebanon
- Lybia
- Syria
- One police Officer has been seconded at Lyon as Liaison Officer with Interpol.
- One police Officer has been seconded at the Cyprus Permanent Representative
of the E.U. at Brussels
4.3.2 Foreign Liaison officers posted to Cyprus
United States of America, United Kingdom, France, Greece, Russia.
| 5. Police/Customs co-operation |
|
|
The Cyprus Police and the Customs and Excise Departement signed a Memorandum
of Understanding (MOU) on the 29 of August 2001. This was effected in compliance
with the Resolution of the European committee 486Y1212(01) dated, the 29 of
November, 1996.
Within tyhe framework of this MOU, both services have appointed Liaison officers,
which are in regular contact in order to enhance the cooperation deriving from
the provisions of the MOU.
The existing cooperation between the Police and the Customs and Excise Departement,
focuses in the following sectors:
- Illicit Drug trafficking
- Arms Trafficking
- Money Laundering
- Contraband Goods
- Border Control
- Stolen Vehicles, etc.
6.1
Public holidays
| January 1 |
New Year's Day |
| January 6 |
Epiphany |
|
Green Monday |
| March 25 |
National Day |
| April 1 |
National Day |
|
Good Friday |
|
Easter Sunday, Easter Monday |
| May 1 |
May Day |
| June 10 |
Holly Spirit |
| August 15 |
Assumption |
| October 1 |
Cyprus Independance Day |
| October 28 |
National Day |
| December 25 |
Christmas |
| December 26 |
Boxing Day |
| Regional activities - European police and judicial systems
|
|