Detention

Republic of Cyprus

Cyprus - Constitution 1960 (2013) EN

Part II: FUNDAMENTAL RIGHTS AND LIBERTIES
Article 11
2. No person shall be deprived of his liberty save in the following cases when and as provided by law:--
the detention of a person after conviction by a competent court;
the arrest or detention of a person for non-compliance with the lawful order of a court;
the arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;
the detention of a minor by a lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;
the detention of persons for the prevention of spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;
the arrest or detention of a person to prevent him effecting an unauthorised entry into the territory of the Republic or of an alien against whom action is being taken with a view to deportation or extradition or of a national of the Republic with a view of extraditing or surrendering him on under the authority of a European arrest warrant or in accordance with an international treaty binding upon the Republic, on condition that such treaty is respectively applied by the counterparty. But the arrest or detention of any person with a view to extradite or surrender such person shall not be possible if the body or authority competent under law has a material reason to believe that the request to extradite or surrender was made with a view to criminally prosecute or punish the person on grounds of race, religion, nationality, ethnic origin, political belief or legitimate claims under international law to collective or personal rights.

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.

Article 78 Determination of the sentence

2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.

Article 89 Surrender of persons to the Court

3.

(c) A person being transported shall be detained in custody during the period of transit;

Article 92 Provisional arrest

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.

Article 106 Supervision of enforcement of sentences and conditions of imprisonment

1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.

2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.

3. Communications between a sentenced person and the Court shall be unimpeded and confidential.