Background of the case
The Cyprus Supreme Court dismissed an application from a prisoner serving a life sentence for two premeditated murders, housed in Wing 2A of the Central Prisons. The inmate sought a Mandamus order compelling the Director and staff of the Prisons Department to protect his physical integrity, health, property, and ensure treatment with dignity.
Allegations of prison conditions
The inmate claimed poor detention conditions since 2023, including placement in a dining area contaminated with animal hair and excrement, disciplinary isolation depriving him of basic hygiene, outdoor time, water, and medication for extended periods. He also cited medical neglect for diabetes management and delayed care for an injected medication for a foot condition.
Further allegations included physical injuries to his head and limbs from attacks by other inmates and prison officers, for which he reported to the police without resolution.
Court ruling and legal basis
The Supreme Court found two critical issues: the application was overly general and lacked specific actionable requests, making Mandamus inappropriate. Additionally, the applicant had not made a prior formal request to the relevant authorities, a necessary procedural step.
The Court referenced prior case law, including Haritonos v. Chief of Police & Another (1979), Apesiotis (2014), and Palm-Mount Holdings Ltd (2018), to underline that Mandamus requires a distinct, specific demand, not broad appeals for protection.
Conclusion
The Court concluded that the conditions for issuing the requested Mandamus were not met, emphasising the need for clarity and adherence to procedural requirements even in cases involving fundamental rights of prisoners.
Also read: Thanasis’ mother: “They back the perpetrators, not the victims”
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