Communicated on 27 August 2014
FOURTH SECTION
Application no. 50756/13
Kone Sehana SEAGAL
against Cyprus
lodged on 8 August 2013
STATEMENT OF FACTS
The applicant, Mr Kone Sehana Seagal, is a French national of Afro-Caribbean descent, who was born in Marseille in 1978. The applicant is currently detained in the Menoyia Detention Centre.
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 10 April 2013 five policemen came to his home, arrested him and searched his apartment and possessions, seized his passport and other documents, all without a court order. It appears that he was initially detained in the Nicosia Central Prisons. He claims that he was seriously injured as a result of ill-treatment by police officers and other prisoners during his detention. In particular, he sustained injuries to his face, ear and back and broken chest bones. Although, he was taken to hospital for treatment, the police officers refuse to give him his medical and x-ray reports despite his repeated requests. A police officer informed him that there was no reason to contact a lawyer or his family and to bring him before a court.
It appears that at one point he was transferred to the Menoyia Detention Centre.
The applicant complained to the authorities through the World Service Authority which is based in Washington, in the United States of America (“WSA”). On 17 September the WSA sent letters to the President of the Republic of Cyprus in which a complaint was made about the applicant’s arrest and detention.
On 20 September 2013 the office of the President replied that the competent authority was investigating the complaint.
On 4 November 2013 the WSA sent another letter to the office of the President asking for information on developments in the case of the applicant. It appears that no reply was received.
The applicant encloses a receipt from the domestic courts dated 15 December 2010 for the sum of 500 euros which he states he had to pay to the authorities. This appears to be in respect of proceedings before the Paphos District Court (case no. 7512/2010) but no additional information was given.
COMPLAINTS
Without invoking a specific Article of the Convention the applicant complains that:
1. he was unlawfully arrested and detained, he was not brought before a court and he had no contact with a lawyer or his family;
2. he was seriously injured as a result of ill-treatment during his detention by police officers and other prisoners and that the police officers refuse to provide him with his medical reports/x-rays despite his repeated requests in this respect
3. following the above ill-treatment he was not provided with specific medical treatment that doctors had prescribed.
QUESTIONS TO THE PARTIES
1. Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention?
In answering that question the Government are requested to address, inter alia, the following points:
(a) When exactly was the applicant apprehended?
(b) Within which provision of Article 5 § 1 (a) to (f) did the applicant’s deprivation of liberty fall?
(c) What were the legal grounds and reasons for the applicant’s apprehension and his ensuing detention?
The Government are required to provide all relevant decisions and documents concerning the applicant’s arrest and detention.
2. Was the applicant subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention in the Nicosia Central Prisons bearing in mind his allegations
a) of ill-treatment by police officers and prisoners;
b) that he was not provided with the requisite medical assistance while in detention.
The Government are required to submit all legible copies of all available medical reports and other evidence concerning the applicant’s alleged injuries.
3. Has the applicant brought his above-mentioned complaints to the authorities’ attention? If so, having regard to the procedural guarantees under Article 3 of the Convention, has an effective investigation been conducted in the present case by the domestic authorities? The Government are also requested to submit the investigation file.
4. In order to enable the Court to have a complete picture of the applicant’s situation, in answering the above questions the Government are requested to address, inter alia, the following points:
Once in the hands of the police:
(a) Was the applicant informed of his rights? If so, when, and what rights was he informed about?
(b) Was he given the possibility of informing a third party (family member, friend, etc.) about his detention and his location and, if so, when?
(c) Was he given access to a lawyer and, if so, when? If not, why was access to a lawyer denied?
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