A prisoner who alleged rape at the Central Prisons faces multiple human rights violations whilst being held in police custody for his protection, the island’s ombudsperson said on Thursday.
Commissioner for Administration Maria Stylianou-Lottides found the man was effectively in solitary confinement at police detention facilities, unable to access outdoor areas or exercise rights he previously enjoyed in prison.
“Whilst his right to protection was correctly recognised, a series of rights that he should enjoy as a person deprived of liberty were overlooked,” Stylianou-Lottides said in her report.
The ombudsman visited the police detention centre last Friday as part of her role as the National Mechanism for the Prevention of Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment.
Prisoner confined 24 hours daily without outdoor access
The report found the prisoner spends 24 hours daily confined to his cell due to unsuitable conditions at the police facility. He cannot access the courtyard or other areas of the station, effectively placing him in continuous isolation.
“This does not differ from solitary confinement, and he questioned what he had done to endure this, since he was transferred there for protection as a potential victim, yet this restriction treats him like a perpetrator,” the ombudsman wrote.
The prisoner told officials he had received no psychological support during his stay at the police facility, despite being transferred there as an alleged rape victim. He had only one conversation with a psychologist who focused on his medication.
Ombudsman calls for immediate access to exercise yard
Stylianou-Lottides recommended the prisoner either be transferred to more suitable police facilities or that arrangements be made to ensure his rights. She suggested immediate use of the detention centre’s internal courtyard, used by police officers, which has natural air and lighting.
The facility features security mesh and cameras, and the prisoner could be accompanied by a guard for safety reasons, the report stated.
The ombudsman also called for measures to ensure confidentiality of the prisoner’s telephone communications with his lawyer and provision of necessary mental and psychological support.
The prisoner reported that prison authorities moved him to another wing within 30 minutes of his rape allegation and removed him from his alleged attackers.
The Police Chief had previously committed to examining solutions for prisoner exercise rights to the Council of Europe’s Committee for the Prevention of Torture, but no action has been taken.
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