2. Introduction: framework guiding domestic violence law | Cyprus | Fighting Domestic Violence

2.1 Are there civil and criminal legal remedies for domestic violence victims?

In Cyprus, victims of domestic abuse have both criminal and civil legal remedies available to them.

Both criminal and civil legal remedies offer protection to victims and, in addition to these, some criminal legal remedies (which are aimed at punishing the perpetrator) may result in long-term consequences for the perpetrator.

Criminal legal remedies

There is no definition of "domestic violence" in the Cypriot legislation, but "violence" in a family context is widely defined. Acts, omissions or behavior that causes physical, sexual or mental injury are included,^[8] but financial or emotional harm are not specifically included. The offenses can be against women or men. If the act is committed in the presence of a child, that act will be considered as violence used against that child if it results in mental injury.^[9]

Where the offenses set out below are committed by one member of the family against another member of the family, they will be considered particularly serious and the court may impose an increased penalty.

Indecent assault on females

Section 151 Violence in the Family (Prevention and Protection of Victims) Laws 2000 and 2004

The sentence is increased from two to five years' imprisonment.

Indecent assault on males

Section 152 Violence in the Family (Prevention and Protection of Victims) Laws 2000 and 2004

The sentence is increased from two to five years' imprisonment.

Defilement of girls under 13 years of age

Section 153(1) Violence in the Family (Prevention and Protection of Victims) Laws 2000 and 2004

Life imprisonment (the penalty remains the same).

Attempted defilement of girls under 13 years of age

Section 153(2) Violence in the Family (Prevention and Protection of Victims) Laws 2000 and 2004

The sentence is increased from three to seven years' imprisonment.

Defilement of girls between 13 and 16 years of age.

Section 154 Violence in the Family (Prevention and Protection of Victims) Laws 2000 and 2004

The sentence is increased from two to 10 years' imprisonment.

Defilement of a person with learning disabilities.

Section 155 Violence in the Family (Prevention and Protection of Victims) Laws 2000 and 2004

The sentence is increased from two to 12 years' imprisonment.

Unnatural offenses

Section 171 Violence in the Family (Prevention and Protection of Victims) Laws 2000 and 2004

The sentence is increased from five to 10 years' imprisonment.

Unnatural offenses with violence

Section 172 Violence in the Family (Prevention and Protection of Victims) Laws 2000 and 2004

The sentence is increased from 14 years to life imprisonment.

Attempts

Section 173 (2) Violence in the Family (Prevention and Protection of Victims) Laws 2000 and 2004

The sentence is increased from seven to 10 years' imprisonment.

Grievous harm

Section 231 Violence in the Family (Prevention and Protection of Victims) Laws 2000 and 2004

The sentence is increased from seven to 10 years' imprisonment or the fine provided is imposed or both of the said penalties are imposed.

Wounding and similar acts

Section 234 Violence in the Family (Prevention and Protection of Victims) Laws 2000 and 2004

The sentence is increased from three to five years' imprisonment.

Common assault

Section 242 Violence in the Family (Prevention and Protection of Victims) Laws 2000 and 2004

The sentence is increased from one to two years' imprisonment or the fine provided is imposed or both of the said penalties are imposed.

Civil legal remedies

Civil legal remedies are available, which are aimed more at the protection of the victim than at punishing the perpetrator.

Further information on available orders and the process for obtaining them is provided below in Section 4.

2.2 Is domestic violence identified in national law as a human right (noting that at a European level protection from domestic violence has not been explicitly identified as a human right but is indirectly captured by the other provisions)?

No. However, equality between men and women is included in Article 28(1) of the Constitution prohibiting any direct or indirect discrimination against any person on the ground of — among others — sex.^[10] Moreover, "all persons are equal before the law, the administration and justice and are entitled to equal protection thereof and treatment thereby."^[11]

2.3 Has your country signed and ratified the Council of Europe's Istanbul Convention (2011) preventing and combating violence against women and domestic violence (CETS No. 210)?

Yes. Cyprus signed the Istanbul Convention on 16 June 2015, and ratified it on 10 November 2017. The Istanbul Convention entered into force in Cyprus on 1 March 2018.^[12]

2.4 If it has ratified the Istanbul Convention, how has this convention been implemented into national law?

Cyprus has made three reservations on the convention. One regards compensation for the victims of violence, which entails high costs, and the second regards the jurisdiction of the Cypriot courts to examine ("hear") cases that took place in other states or by non-Cypriot citizens. The third reservation concerns the requirement for a residence regime for victims, which — as the minister of the interior stated — was judged by the Ministry of the Interior to be very general and exploitable. Reservations were valid until 2019.^[13]

2.5 If it has not ratified or signed the Istanbul Convention, is it envisaged that your country will do so?

N/A

2.6 If it has ratified the 1979 Convention, how has the recommendations part of General Comment No. 35 been implemented into national law?

N/A

2.7 If the 1979 Convention has not been ratified or signed, is it envisaged that your country will do so?

N/A

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