The climate crisis does not respect borders and our laws and policies must reflect this

Ashfaq Khalfan, Amnesty International's Law and Policy Director.

The Court will decide on whether it agrees to proceed with the case filed not only against Portugal, where the applicants live, but also 32 other countries – which comprise of EU members as well as Norway, Russia, Turkey, Switzerland, UK and Ukraine.

“The climate crisis does not respect borders and our laws and policies must reflect this. To ensure justice for people most affected by heatwaves, drought and forest fires – particularly children – states must be required to tackle climate change and its impacts at home and abroad,” said Ashfaq Khalfan, Amnesty’s Law and Policy Director.

“Governments can no longer act as if people outside their borders do not matter when they design their climate policies.”

The crowdfunded case, Duarte Agostinho and others v. Portugal and others, in which the group is intervening, has been brought by six youth from Portugal who are accusing 33 European countries of violating their human rights, including their right to life, by not taking adequate steps to limit greenhouse gas emissions.

To ensure justice for people most affected by heatwaves, drought and forest fires states must be required to tackle climate change and its impacts at home and abroad

Amnesty International

“Those affected by climate change should be allowed to make claims against governments other than their own. If governments are only required to act on the rights of people living within their borders, it is easier for them to ignore the impacts on people in the most affected countries and be more lethargic in their work to reduce greenhouse gas emissions” said Professor Mark Gibney, of the University of North Carolina Asheville.

If allowed to proceed, the case could set an important precedent, clearing the way for other climate lawsuits based on human rights arguments.

“This case is also important to ensure governments are required to design climate policy in a way that recognises the particular climate risks to children and take the ambitious climate protection measures needed to protect their rights,” said Gamze Erdem Türkelli, of the University of Antwerp. 

For more information contact Ashfaq Khalfan, Twitter: @ashfaqkhalfan

Gamze Erdem Türkelli, Twitter: @GamzeErdmTrklli

Amnesty International press office: Twitter @StefSimanowitz

For more details about the intervention, see:https://www.etoconsortium.org/en/news/news/first-climate-change-case-at-the-european-court-of-human-rights-justice-must-not-stop-at-borders-182/ . The submission is available here.

For more information on the case, see http://hudoc.echr.coe.int/eng?i=001-206535 and https://youth4climatejustice.org/the-case/.

BACKGROUND

The six applicants in this case, Cláudia Agostinho (21), Catarina Mota (20), Martim Agostinho (17), Sofia Oliveira (15), André Oliveira (12) and Mariana Agostinho (8), are suing the 27 European Union member states, as well as the UK, Switzerland, Norway, Russia, Turkey and Ukraine for failing to make deep and urgent emissions cuts to safeguard their future.

The group intervening today as a third party in the case is made up of members of the Extraterritorial Obligations Consortium which advocates for rights beyond borders.

It includes: Amnesty International; the Center for Legal and Social Studies (CELS); the Center for Transnational Environmental Accountability (CTEA); the Economic and Social Rights Centre (Hakijamii); FIAN International; the Great Lakes Initiative for Human Rights and Development (GLIHD); the University of Antwerp Law and Development Research Group; Prof. Dr. Mark Gibney; Dr. Gamze Erdem Turkelli; Dr. Sara Seck; Prof. Dr. Sigrun Skogly; Dr. Nicolas Carrillo-Santarelli; Prof. Dr. Jernej Letnar Cernic; Tom Mulisa; Dr. Nicholas Orago; Prof. Dr. Wouter Vandenhole; and Jingjing Zhang

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The call comes just days after authorities, enforcing the ban, subjected peaceful anti-corruption protesters to beatings, water cannon, chemical irritants and stun grenades. Interviews with protesters who were at the demonstration, during which one woman suffered a permanent injury to her sight and review of audio-visual material, paint a bleak picture of violence against peaceful protesters.

The shocking violence meted out by police on peaceful protesters on 13 February represented an unnecessary and excessive use of force

Kondylia Gogou, Amnesty International

“The shocking violence meted out by police on peaceful protesters on 13 February represented an unnecessary and excessive use of force,” said Kondylia Gogou, Greece and Cyprus Researcher at Amnesty International. 

“These violent actions by the police highlight the lengths to which Cypriot authorities will go to enforce this unjustified blanket ban on demonstrations. They are also part of a deeply worrying pattern in Cyprus, where human rights are coming under sustained attack.”  

People were on the ground, spitting blood, unable to breathe

Protester at 13 February demonstation

Meanwhile, civil society in the country has also come under attack, with the de-registration and threatened dissolution of KISA, an anti-racism organization that has been supporting refugees and migrants for over 20 years. On 3 March, a Court hearing will rule on the organization’s appeal against the de-registration decision.  

“People were on the ground, spitting blood, unable to breathe” 

An anti-corruption protest took place in Nicosia on 13 February. Amnesty International interviewed a number of protesters, who said that all those who were present wore masks and adhered to physical distancing regulations.  

Interviewees said there was a heavy police presence, and that police “kettled” them and warned that the protest would be dispersed in 15 minutes. Just 10 minutes later, the police attacked the protesters who tried to move to a side street with chemical irritants, stun grenades, batons and a water cannon. 

“We were surrounded by police and people were asking them to let us pass. At that point they started the beatings with batons, using batons on the head, and we were scared,” protester Anastasia Demetriadou, told Amnesty International.

“What was imprinted in my memory was the picture of a young girl – around 6 years old — who was held tight by her father. The police were throwing stun grenades among the crowd. There were people on the ground, spitting blood, unable to breathe.” 

Anastasia was severely injured in her left eye towards the end of the demonstration. A police water cannon hit her with a volley of water while she was gesturing in protest at the police’s conduct.  

Authorities in Cyprus introduced a blanket ban on all protests via a Ministerial Decree in June 2020, citing the COVID-19 pandemic. Later decrees renewed the ban until the end of February.  

While the authorities can legitimately restrict the right to peaceful assembly for the protection of public health, measures must be only imposed to an extent which is necessary and proportionate. They must also be assessed on a case-by-case basis.  The blanket ban on protests  is disproportionate and therefore unlawful. 

Ministers should use this the opportunity to announce they are lifting the disproportionate blanket ban on assemblies and reverse the deteriorating human rights situation in Cyprus

Kondylia Gogou, Amnesty International

This disregard for human rights is part of a wider pattern in Cyprus, which tightened asylum and migration policies during the year and is now also threatening freedom of association with the proposed dissolution of KISA.

“Ministers should use this the opportunity to announce they are lifting the disproportionate blanket ban on assemblies and reverse the deteriorating human rights situation in Cyprus. The rights to freedom of association and peaceful assembly must be urgently restored.” said Kondylia Gogou. 

“Cypriot authorities must also urgently ensure that human rights violations committed by Cyprus police during the 13 February demonstration are promptly, thoroughly and impartially investigated.” 

BACKGROUND

A hearing expected on 3 March  will rule on KISA’s appeal against the decision by the Ministry of Interior to deregister the association for allegedly failing to comply with new administrative requirements introduced by a legislative change in August 2020. The decision to de-register is a disproportionate interference with the right to freedom of association and raises serious concerns for civil society in Cyprus.

KISA’s staff and volunteers fulfil a crucial role in the defence and promotion of human rights in Cyprus, providing vital support to migrants and refugees.

See Amnesty’s report on Cyprus tightening migration policies is https://www.amnesty.org/en/documents/eur01/2511/2020/en/

For more information or to arrange an interview, please contact: Stefan Simanowitz, press@amnesty.org 

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People’s rights are being violated by governments in Europe and Central Asia, who are cracking down on protests and seeking to erode the independence of the judiciary to avoid accountability, Amnesty International said today as it published its annual review of human rights in the region.

The organization praised those brave people who took to the streets to defend their own and others’ rights but warned that governments continue to perpetrate human rights violations with impunity across the region.

In 2019, people in Europe and Central Asia were threatened, intimidated, prosecuted, subjected to excessive use of force by police, and suffered discrimination. However, the grassroots mobilization of courageous people who dared to stand up and hold states accountable provides a ray of hope for the future,

Marie Struthers, Europe Director at Amnesty International

Independence of the judiciary under threat

In Poland, the independence of the judiciary – essential for ensuring fair trials and upholding human rights – was threatened as the ruling party took bolder steps to control judges and courts.

Judges and prosecutors found themselves at risk of disciplinary proceedings for speaking out in defence of the judiciary and risked becoming victims of human rights violations themselves. Many were subjected to smear campaigns on state and social media.

Concerns also mounted about the independence of the judiciary in Hungary, Romania and Turkey. Judges in Hungary came under attack from multiple directions as the government continued its attempts to undermine the independence of the judiciary. In May, the European Commission warned Romania that it should address issues including interference with judicial independence by the executive, or potentially face having some of the member state’s rights suspended for persistent breach of the EU’s founding values. In Turkey, a judicial reform package was passed by Parliament. The reforms failed to address the extreme political pressure on the judiciary or to end unfair and politically motivated prosecutions and convictions.

Freedom of peaceful assembly

Independent courts were vitally needed in 2019 to safeguard individual freedoms as state overreach came to the fore, with restrictions on protests in France, Poland and Turkey as well as prosecution of protesters in many more.

Major protests took place in numerous countries across Europe including France, Austria, Poland, Romania, the Czech Republic and Hungary, with people protesting against austerity measures and corruption, and in defence of social justice and the independence of the judiciary. Protests and strikes urging governments to take measures against climate change became a regular occurrence in major European cities. 

Many states repressed the demonstrations through measures that breached the rights to freedom of peaceful assembly and expression. In France, Austria and Spain, hundreds of people were injured by the police during protests. Police resorted to excessive force in France, and violently disrupted peaceful gatherings in Turkey where blanket bans on gatherings were often used to deny the right to freedom of peaceful assembly. States frequently failed to hold their security forces accountable for violence perpetrated during the protests.

Some judges adjudicating in cases relating to protests were harassed or demoted by the Polish authorities.

In Moscow, and other Russian cities, the largest numbers of peaceful protesters seen in many years stood up against the authorities’ refusal to allow opposition candidates to take part in the city elections. The resultant crackdown led to criminal convictions for two dozen participants, simply for exercising their right to protest.

“The reprisals against participants of mass protests in Moscow kick-started an unprecedented solidarity campaign that signals the further awakening of human rights awareness and people power in Russia,” said Marie Struthers.

Migration

European states continued to avoid accountability for human rights violations resulting from their migration policies by “outsourcing” border control to countries with questionable human rights records. In 2019, migration policies continued to prioritise the protection of borders over the protection of human lives. Despite the deteriorating security situation there, European countries continued cooperating with Libya to contain migrants and asylum-seekers in the country.

In November, the Italian government extended its agreement with Libya on migration for a further three years, despite continuing evidence pointing to systematic human rights violations including torture in Libya’s detention centres.

Reports of grave human rights violations against asylum-seekers and refugees, and their continued denial of access to protection, failed to deter the EU from partnering with Turkey to curb migration via the 2016 EU-Turkey Deal. Ahead of Turkey’s incursion into north-eastern Syria in October, Amnesty International conducted dozens of interviews which suggested hundreds of Syrians were likely forcibly deported from Turkey between May and September, under the guise of “voluntary returns”. The deal is also causing unprecedented overcrowding of the camps in the Aegean islands, where tens of thousands of people live in destitute conditions.

Human rights defenders under attack

Civil society, journalists and others responsible for holding governments to account faced pressure in 2019.

“Human rights defenders, journalists, NGOs and other people campaigning for a fairer and more just society were all at the sharp end of government crackdowns in 2019,” said Marie Struthers.

Their work to hold authorities to account, will only be more vital during the COVID-19 crisis and in its aftermath. The humanity and solidarity they show towards the most marginalized members of our societies are needed now more than ever, and will continue to be essential during the post-COVID-19 recovery.

Marie Struthers

For more information or to arrange an interview, contact Amnesty International press office on press@amnesty.org +32 2 548 27 73 or +32 483 680 812

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“After four long years of separation Ahmed has finally been reunited with his family, just in time for his elder daughter’s tenth birthday. His return home to Cyprus is an overwhelming relief for the family, but he should never have been prosecuted, let alone convicted on those trumped up chargesin the first place.” 

After four long years of separation Ahmed has finally been reunited with his family, just in time for his elder daughter’s tenth birthday

Giorgos Kosmopoulos, Amnesty International's Greece Campaigner

“Ahmed’s wish to bring his Syrian family to safety was what led him to be in Hungary in 2015. It is a scandal that the Hungarian government kept him away from his wife and children for so long, but after Cyprus did the right thing, today we celebrate that they are now reunited.”

Over 24,000 people joined Amnesty International’s #BringAhmedHomecampaign calling on Cyprus to permit his return 

For more information or to arrange an interview please contact:phone: +44 (0) 20 7413 5566  
email: press@amnesty.org    
twitter: @amnestypress   

Background  

In August 2015, Ahmed left his family home in Cyprus to go and help his elderly parents and six other family members flee Syria and find safety in Europe. One month later, they found themselves among hundreds of refugees stranded at the Hungarian border after police fenced off the crossing with Serbia.

Clashes broke out as some refugees attempted to get through. Hungary’s police responded with tear gas and water cannon, injuring dozens. Ahmed was arrested and a Hungarian court found him guilty of involvement in an “act of terror”, under Hungary’s extremely vague counter-terrorism laws, and sentenced him to 10 years in prison, later reduced to 7 years and then 5 with eligibility for early release. Amnesty International firmly believes that the application of terrorism-related charges and Ahmed’s subsequent conviction were manifestly unfounded.

#BringAhmedHome campaign action page 

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A case that Amnesty International has campaigned on for a long time, here’s the story of how Ahmed’s trip to help loved ones in need ended with him needing help thanks to Hungary’s draconian counter-terrorism law.

Who is Ahmed H?

Ahmed is a Syrian national and a former long-term resident of Cyprus. His wife is a Cypriot national as are his two young daughters, who were born and have lived in the country all their lives.

How did he come to be in Hungary?

In August 2015, Ahmed departed his family home in Cyprus on a special mission. Leaving his young family behind, he traveled to Turkey to help his elderly parents and six other family members escape war-ravaged Syria to find safety in Europe.

Around a month later, having successfully navigated their way out of Turkey, Ahmed and his family members found themselves among hundreds of refugees stranded at the Hungarian border, following President Orban’s decision to fence off the crossing from Serbia.

What happened at the Hungarian border?

Clashes broke out as some refugees attempted to get through. Hungary’s police responded with tear gas and water cannon, injuring dozens. Some people threw stones, including Ahmed, but news footage also clearly shows him using a megaphone to call on both sides to remain calm.

Ahmed was one of eleven people arrested but was the only one charged under Hungary’s draconian counter-terrorism law. 

What happened during his trial?

During the criminal process, the Hungarian government repeatedly called Ahmed “a terrorist” in an effort to persuade the public that refugees and migrants are threats to the country, instead of ordinary people in need of protection.

In September 2018, a Hungarian court eventually found him guilty of “complicity in an act of terror”, under the country’s extremely vague counter-terrorism laws. While delivering the final judgement, the judge acknowledged that Ahmed had in fact tried to calm the situation and mediate between the police and the crowd. He was originally sentenced to 10 years in prison.

Following an appeal, a retrial was ordered in which he was again convicted and given a reduced sentence of five years in prison, despite a glaring lack of evidence to back up the extremely serious charge.

The United Nations, the European Parliament and the US State Department all expressed concern about Hungary’s deliberate misapplication of terrorism charges in Ahmed’s case.

How long did Ahmed H spend in prison?

Ahmed spent more than three years in prison and endured a long legal ordeal in the hope of being able to return to Cyprus.

But during all this, people all over Europe began campaigning for him. More than 100,000 people took action against his conviction, with the petition delivered to the Ministry of Justice in Hungary and projected onto the building. MEPs got involved as well as numerous other organisations including the Free Röszke 11 group and the European Civic Forum.

On 19 January 2019, he was released from prison and sent to a Hungarian immigration detention centre, after the authorities asked Cyprus to take him back.

For more than eight months, he languished in the detention centre waiting for the Cypriot authorities to decide his fate. During this time, Hungarian immigration officers approached him about being forcibly sent back to Syria, where he would have been at risk of serious human rights violations.

24,000 people joined the #BringAhmedHome campaign at this point, calling on Cyprus to allow him to return to his family. A month of actions began in Belgium on 14 September.

Then at last on 27 September, four years since he was separated from his wife and two daughters, the news we had all been waiting for came through: he had been cleared to return home to Cyprus.

He arrived at Larnaca airport in the early hours of 28 September 2019 for an emotional reunion with his family, just in time for his elder daughter’s tenth birthday.

The post Ahmed H finally home: What happened appeared first on Amnesty International.

More than five months after Ahmed H was released from a Hungarian prison after being unfairly jailed for more than three years he is still languishing in a Hungarian immigration detention centre, awaiting permission to return to his wife and children.

Speaking to my daughter on Skype, she asked ‘Baba, when are you coming home?’ and it broke my heart

Ahmed H

“Speaking to my daughter on Skype, she asked ‘Baba, when are you coming home?’ and it broke my heart. After almost four years apart from my wife and two young daughters I do not understand why I cannot go home. I have a clean record in Cyprus, a business and a family,” said Ahmed H.

In 2015, Ahmed H left his home in Cyprus to help his elderly parents and other family members flee from the conflict in Syria to find safety in Europe. Following clashes with Hungarian border police in 2015, he was arrested and, under Hungary’s overly broad and vague anti-terrorism law, accused of “complicity in an act of terror”. Eleven people were charged, but Ahmed H was the only person charged with an act related to terrorism. 

Ahmed should never have been prosecuted, let alone convicted of a terrorism offence

Julia Hall, Amnesty International

Following an appeal, a retrial was ordered in which he was again convicted and sentenced to five years in prison, despite a glaring lack of evidence to substantiate the draconian terrorism charge. His detention sparked an international campaign with more than 100,000 people signing a petition for his release.

Ahmed H was conditionally released in January and is awaiting a decision by the Cypriot government whether to allow him to return to his family. Officials have told Amnesty International that Ahmed’s case is under examination but have not said when a decision will be made.

“Ahmed should never have been prosecuted, let alone convicted of a terrorism offence. His treatment is part of Hungary’s systematic scapegoating of refugees and migrants,” said Julia Hall, Amnesty International’s Researcher on Counter Terrorism and Human Rights.

The fate of Ahmed H now lies in the hands of the Cypriot government as does the future happiness of his wife and young daughters

Julia Hall, Amnesty International

“The fate of Ahmed H now lies in the hands of the Cypriot government as does the future happiness of his wife and young daughters. The authorities offer hope that the injustice Ahmed has already suffered will not be cruelly extended any longer, and that he is finally permitted to return home to be reunited with his family.” 

Background

In August 2015, Ahmed H left his family home in Cyprus, where he had lived since 2006, to help his elderly parents and six other family members flee Syria and find safety in Europe. During clashes with police on the Hungarian border, some people threw stones, including Ahmed.

For this, a Hungarian court eventually found him guilty of “complicity in an act of terror”, under Hungary’s extremely vague counter-terrorism laws. He was originally sentenced to 10 years in prison, later reduced to 7 years and then 5 with eligibility for early release after his second trial.

On 19 January 2019, Ahmed H was released from prison and sent to a Hungarian immigration detention centre.

Ahmed H is a Syrian national. He currently possesses no valid travel document, and his residence permit for Cyprus (acquired through marriage to a Cypriot national) expired while in detention in Hungary. The Hungarian authorities have asked Cyprus to take Ahmed H back and officials in Nicosia are currently considering the request.  Hungarian immigration officers have approached Ahmed H about being sent to Syria. He would be at risk of serious human rights violations should he be forcibly sent back to Syria.

The decision to let Ahmed return to Cyprus is entirely dependent on the discretion of the Cypriot government. Amnesty International has conducted advocacy over the last months with the government of Cyprus to inform them of the unfair process that Ahmed H endured in Hungary and to encourage them to reunite Ahmed H with his family. The organization is now asking its members and the broader public to take action to help get Ahmed H home where he belongs.

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Yesterday’s vote shows how far Cyprus has come since decriminalizing same-sex sexual relations in 1998. It was preceded by a lengthy public debate over the past two years following political promises to recognize civil partnerships.

“LGBTI activists in Cyprus have fought for years for this first step in the legal recognition of their intimate relationships. This a positive but long-overdue, and there is still a lot of work ahead before everybody can enjoy full marriage equality under the law,” said Eliza Goroya, Greece and Cyprus Campaigner at Amnesty International.

LGBTI activists in Cyprus have fought for years for this first step in the legal recognition of their intimate relationships. This a positive but long-overdue, and there is still a lot of work ahead before everybody can enjoy full marriage equality under the law.

Eliza Goroya, Greece and Cyprus Campaigner at Amnesty International

“This is an important step forward not only for the LGBTI community, but for every marginalized community,” said Costas Gabrielides from the NGO Accept LGBT Cyprus.

While the new law marks a significant move in the right direction, Amnesty International notes that more work is needed to achieve full marriage equality in Cyprus to combat discrimination on the grounds of sexual orientation and gender identity.

Besides falling short of full marriage equality, the organization noted that LGBTI people face continuing discrimination in Cyprus. This includes a lack of joint adoption rights for same-sex couples, the legal recognition of transgender people, and the banning of “normalizing” surgeries for intersex people.

We now need to fight for full marriage equality and adoption rights, and also the most vulnerable among us: transgender people that are not recognized for who they are.

Alexandra, a 23-year-old lesbian activist

“[The new law] means more people feel safer, not only LGBTI people. The message is that Cyprus is moving forward,” said Alexandra, a 23-year-old lesbian activist. “We now need to fight for full marriage equality and adoption rights, and also the most vulnerable among us: transgender people that are not recognized for who they are.”

The move by Cyprus is expected to buoy hopes for human rights activists and LGBTI people in Greece, where a similar bill on same-sex civil unions is expected to go to a vote soon.

The majority of European states now support full marriage equality or same-sex civil partnerships.

The post Cyprus: Marriage equality campaigners celebrate hard-won victory on civil unions appeared first on Amnesty International.

Evidence gathered by researchers during a recent visit to Cyprus indicates that the authorities are exploiting European Union (EU) laws – imposing automatic detention of migrants and asylum-seekers without implementing the required safeguards, which make detention a last resort. The practice is also a breach of international law.

“By detaining scores of people for months at a time, Cyprus is displaying a chilling lack of compassion and a complete disregard for its international obligations,” said Sherif Elsayed-Ali, Head of Refugee and Migrants’ Rights at Amnesty International.

“It is shameful to think that within the EU people who have committed no crime are being held in harsh prison-like conditions for prolonged periods, in some cases for up to 18 months or longer. Amnesty International is concerned that Cyprus is using the systematic detention of migrants to intimidate and deter potential immigrants and asylum-seekers,” said Sherif Elsayed-Ali.

In at least two cases, women detained were forcibly separated from their young children. One was a baby just 19 months old, the other aged three. The children were handed over to social services.

Both women said the separation had had devastating effects on their children. One described how her son would not stop crying, had dark circles below his eyes and how she had difficulties feeding him. The other described how her son would not speak or smile during the little time she could spend with him, when he was brought for visits during her detention. The women had been resident in Cyprus for many years and were married to EU citizens; their children were also EU citizens.

“There can be no excuse for separating a woman who has committed no crime from her children. The treatment of migrants in Cyprus at the moment is degrading and unnecessary,” said Sherif Elsayed-Ali.

At least one person at the Menogia detention centre, the main immigration detention facility in Cyprus, had been held for 22 consecutive months while awaiting deportation. Under EU law, the maximum detention period on immigration grounds is 18 months.

“The Menogia centre is a prison in all but name. Behind a double metal fence several metres high, detainees are forced to live in cramped conditions and are only allowed outside the building for 2.5 hours each day,” said Sherif Elsayed-Ali.

Eight detainees share one room of 18 square metres. Most of the space in the room is taken up by four metal bunk beds. Every night the cells are locked between 10:30pm until 7:30am.

Detention as a means of immigration control should only be used as a last resort. Detention may only be used after the authorities have demonstrated that it is both necessary and that less restrictive measures are insufficient. In Cyprus it appears to have become standard practice.

“The Cypriot authorities, seemingly eager to portray themselves as taking a tough stance on immigration, have displayed a ruthless and arbitrary attitude to locking up migrants. Many people have not received adequate information about the reasons for their detention and what is going to happen to them,” said Sherif Elsayed-Ali.

“The fact that EU laws allow people who have not committed a criminal offence to be effectively imprisoned for up to 18 months is appalling. The EU has – rightly – criticized prolonged detention without charge in other countries, but has legalised it in the EU. Current policies on dealing with migrants and asylum-seekers shame the EU.”

Although Cyprus’ immigration authorities told Amnesty International that alternatives to detention are available, the organization’s research indicates that these are seldom offered. Instead, deportation orders are issued at the same time as detention orders without considering alternatives. The Cypriot authorities have admitted to this practice.

Alternatives should always be explored before resorting to detention – anyone who is detained for immigration purposes should also undergo a regular and automatic judicial review of their detention.

Since Amnesty International last assessed detention conditions of migrants and asylum-seekers in Cyprus in 2011, the only positive development has been that they are no longer held in Nicosia’s central prison.

Amnesty International also found that nine Syrian refugees were among those detained at Menogia, during a visit on 6 March. At least one of them had applied for asylum.

“It is incomprehensible that the Cypriot authorities are detaining Syrian nationals in Menogia when it is Cyprus’ official policy not to return Syrians to Syria,” said Sherif Elsayed-Ali.

This is despite the fact that Cypriot authorities told Amnesty International that all Syrian nationals are provided with international protection status or humanitarian visas.

“We can only conclude that the detention of Syrian nationals is intended to send a message to other Syrians that they are not welcome in Cyprus.”

“Locking up migrants and asylum-seekers – including people who should be assumed to be refugees – for months, and treating them like prisoners is unacceptable,” said Sherif Elsayed Ali.

Case studies of women forcibly separated from their children

Earlier this month, Amnesty International researchers met two women who had been separated from their children. One woman, Nina (name changed), 28, was separated from her 19 month old son whom she was still breastfeeding and detained in a police station, after she was arrested while trying to apply for permanent residency. She is married to a Romanian citizen and told Amnesty International her immigration status has always been regular and that she did not know the reason for her arrest. Her son was taken away by social services and was only allowed to see her three times a day for 20 minutes at a time for feeding.

A second woman from Sri Lanka, was detained in Menogia detention centre after visiting her husband, also a Romanian citizen, who was being held at a police station. They were accused of having a marriage of convenience despite a DNA test proving that her husband was the father of her child. She was only allowed to see her three year old son twice a week for half an hour each time.

Both women have since been released after four days and four weeks in detention, respectively. 

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Amnesty International, Anti-Slavery International and La Strada International welcomed this major step for people trapped in a modern form of slavery, for which Amnesty International has been campaigning for years. The organizations called on the other 33 member states of the Council of Europe, as well as the European Union, to follow the others’ lead.

Trafficked persons, when they come to the attention of the authorities, are rarely treated as victims of heinous crimes. Typically, they are treated as criminals, unlawful aliens or, in cases in which the authorities seek to pursue their trafficker, useful tools of the criminal justice system. The psychological, medical and social consequences of their ordeal and the underlying root causes are rarely addressed.

Assistance, when offered to trafficked people to recover from their ordeal, is frequently made conditional on their agreement to cooperate in prosecutions against their traffickers. Such cooperation often places trafficked persons and members of their families in further danger at the hands of the traffickers.

The parties to the Convention – Albania, Austria, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Denmark, France, Georgia, Malta, Moldova, Norway, Romania and Slovakia – have committed themselves to taking a different approach. They have agreed to take individual and collective action to criminalise trafficking as well as a range of other minimum steps necessary to respect and protect the rights of trafficked persons.

These steps include ensuring that:

a mechanism is in place for the accurate identification of trafficked persons;   
persons reasonably believed to have been trafficked are granted time to recover and are offered assistance and protection—regardless of whether they agree to participate in any proceedings the authorities may decide to pursue against those responsible for their ordeal;
trafficked persons have access to redress, including compensation.

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