DESPITE marked progress in the state administrative machine, there’s still a lot to be done to improve attitudes toward human rights and treatment of foreigners.
That was a preliminary conclusion that could be gleaned from the Ombudswoman’s latest report, submitted yesterday.
According to Ombudswoman Iliana Nicolaou, the degree of the state’s compliance with her recommendations has grown to reach 80 per cent, a figure higher even than the EU average.
“The myth that the office of the Commissioner for Administration [Ombudswoman] is solely an advisory body has been comprehensively shattered,” said Nicolaou, speaking after handing over her 2007 report to President Demetris Christofias.
Overall, Nicolaou said she was pleased with the fact the Cabinet was taking her reports seriously.
“The office of the Ombudswoman is an ally and protector of the citizen,” said President Demetris Christofias, adding that his collaboration with Nicolaou, which dated to many years before, would continue in the same vein.
“Even if the office were of a purely advisory nature, the real question is whether you have a good ear to listen to advice,” added Christofias.
In her report, the Ombudswoman runs the gamut of complaints made to her office, covering the police, immigration, the military and the various ministries and government agencies.
Under the ‘human rights’ chapter, Nicolaou draws attention to the “humiliating treatment” of a conscript at the hands of his commanding officer.
The soldier in question suffered from a medical condition that made it difficult for him to wake up. His unit was aware of the problem, and in fact his colleagues would go through a ritual at 6am to wake him up.
However, according to the complaint filed by the soldier, one morning his commanding officer walked into the room and knocked him out of bed while he was still asleep. The officer then proceeded to douse him with water in a bid to wake him up.
Responding to the Ombudswoman’s questions, National Guard High Command claimed the officer poured water after the soldier was awake, not before. However, the Ombudswoman determined this was not the case.
Nicolaou concluded that the officer’s actions were “unwarranted” and constituted a “degrading treatment” of the soldier. She went on to advise the Defence Ministry to ensure the incident is not repeated.
In another shocking case, Nicolaou points the finger at authorities for the treatment of mentally disturbed people. The case involved the transfer of two persons to the Athalassa mental facility based on a prior court order.
Whereas the Ombudswoman does not question the legality of the action, she was not comfortable with the insensitivity of authorities in executing the order. According to the two plaintiffs, when they refused to comply with the order, police officers manhandled them and drove them to the facility by force.
What was especially disconcerting, Nicolaou observed, was the absence of a qualified medical expert during the transfer. To avoid such treatment, the Ombudswoman recommends better co-ordination between the Mental Health services and police in the future
And under the heading “unsolved issues”, Nicolaou draws attention to the handling of foreign nationals. In one example, a foreigner who married a Cypriot was denied Cypriot citizenship. The reason cited for the refusal was that the person in question had been arrested as an illegal alien at an earlier date.
Nicolaou suggested this was an extreme approach, since it did not take into account factors such as the applicant’s family ties on the island. The decision to reject the application also “violates the principles of good governance, leniency and citizens’ sense of trust in the state,” Nicolaou notes.
Despite her recommendation for a shift in policy, Nicolaou points out that the relevant department “remains single-mindedly attached to its own particular way of interpreting the law.”
