5.  The applicant submitted that he was born in 1978 in Marseille. He is currently living in Cyprus.
6.  The applicant had carried out some renovation work for the owners of a building in Paphos for which they had not paid him. On 22 January 2010 they called the police to have him arrested. The police came and the applicant told them about the work he had carried out and the money he was owed.
7.  On 26 January 2010, after the owners of the building in question reported him to the police with false claims concerning drugs, he was assaulted by the police and arrested without a warrant. He was then taken by force to Paphos Police Station. He was interrogated the next day by the Police Drug Squad in the presence of an interpreter and was then released. He was advised to file a complaint in respect of the money owed to him.
8.  On 28 January 2010 he was once again assaulted by police officers who came to his flat. He was then taken to Paphos Police station for about an hour.
9. On 17 June 2010 the applicant was assaulted by persons sent by the people he had carried out the work for and he was taken to hospital by the police.
10.  On 15 December 2010 he was informed by a judge of the Paphos District Court that he had to pay 500 euros (EUR). He enclosed a receipt in this respect. He was then released.
11.  On 10 April 2013 five police officers came to his home, searched his apartment and possessions, seized his World Service Authority passport (see paragraph 19 below) and other documents, and proceeded to arrest him; all this without a court order.
12.  They then forced him to go to the Paphos District Court where he was questioned about his passport and documents. He was arrested and the next day he was taken to the Nicosia Central Prisons.
13.  On 17 April 2013 he was taken back to the Paphos District Court.
14.  On 12 June 2013 he wrote to the Prison Director requesting contact with a lawyer but he was informed that he was not allowed to do so.
15.  On 21 June 2013, when he had finished serving his sentence (see paragraph 42 below), the prison guards asked him to sign the “release register” but he did not do so as he wanted to leave with copies of his medical reports. They refused to give them to him.
16.  The applicant eventually obtained copies of his records and x-rays upon payment of a fee.
17.  The applicant was then detained in Menoyia Detention Centre.
18.  Following an incident on 27 August 2014 he was charged with assaulting a police officer during the performance of his duties contrary to section 244(b) of the Criminal Code. Criminal proceedings are pending against him before the Larnaca District Court (case no. 15785/14).
19.  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 2013 the WSA sent letters to the President of the Republic of Cyprus in which a complaint was made about the applicant’s arrest, detention and search carried out in his flat.
20.  By a letter dated 14 August 2013 the applicant sent a complaint to the Commissioner for Administration of the Republic of Cyprus (hereafter “the Ombudsman”). A copy of the letter has not been submitted. The Ombudsman replied by a letter dated 4 September 2013 that she would contact him with the outcome of her investigation into his complaint when this was concluded.
21.  On 20 September 2013 the Office of the President replied that the conclusion of the investigation of the matter by the competent authority was awaited.
22.  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.
23.  On 7 July 2014 the applicant complained to the Ombudsman about not having access to his medical records and x-rays at the Nicosia General Hospital. The Ombudsman replied by a letter dated 15 July 2014 that she would contact him about the outcome of her investigation into his complaint when this was concluded.
24.  On 26 January 2010 members of the police entered and searched the applicant’s flat in Paphos after obtaining a search warrant. They confiscated the applicant’s WSA passport and arrested him for the flagrant criminal offences of assaulting a police officer, resisting lawful arrest, obstructing a police officer in the execution of his duty and threatening violence (sections 244 (a) and (b) and 91(c) of the Criminal Code, Cap. 154). The arresting police officer cautioned the applicant and informed him of the reasons for his arrest. The applicant then replied in English “So what?”
25.   The applicant was then taken to Paphos Police Station where he was detained.
26.  At the station the applicant was informed in writing of his rights under the Rights of Persons Arrested and Detained Law 2005 (Law no. 163(I)/of 2005) (see paragraph 99 below) and, in particular, of his right to contact by phone any relative or other person of his choice, a lawyer of his own choosing and the right to communicate with the consular or diplomatic mission of the state of which he was a national. The applicant signed the relevant document.
27.  On 27 January 2010, at 3.15 pm, a police officer, with the assistance of an interpreter, charged the applicant with the above criminal offences. He was then released.
28.  Following a police investigation, on 1 February 2010, the District Court of Paphos issued an arrest warrant on the ground that there was reasonable suspicion based on evidence that the applicant had been involved in forgery and in circulating a forged document.
29.  The applicant was arrested on the next day on the basis of the above arrest warrant. The arresting officer drew the applicant’s attention to the law and informed him in English of the reasons for his arrest. The applicant then replied in English: “My passport is not false, it’s real.” The applicant was then taken to Paphos Police Station where he was informed in writing of his rights pursuant to Law no. 163(I)/2005 (see paragraphs 26 above and 99 below). The applicant signed the relevant form.
30.  On 3 February 2010 a police officer, with the assistance of an interpreter, charged the applicant with the criminal offences of forgery, circulating forged documents, unlawful entry and unlawful residence in the Republic.
31.  Criminal proceedings were brought against him before the Paphos District Court (case no. 7512/2010). The applicant was charged with a number of offences: (a) circulating forged documents contrary to sections 331, 332, 333, 335 and 339 of the Criminal Code; (b) unlawful entry into the Republic contrary to section 12 (1, (2) (5) of the Aliens and Immigration Law; (c) unlawful residence in the Republic contrary to sections 6(1)(k) and 19 (l) of the Aliens and Immigration Law; (d) resisting lawful arrest contrary to section 244(a) of the Criminal Code; (e) assaulting a police officer and deliberately obstructing a police officer during the performance of his duties contrary to section 244(b) of the Criminal Code; and lastly, (f) threatening violence (section 91(c) of the Criminal Code).
32.  The Government submitted that the applicant was released on 3 February 2010, twenty-four hours after his arrest.
33.  They also submitted a bail document dated 26 August 2010.
34.  The applicant represented himself in the proceedings.
35.  On 10 April 2013 he appeared before the Paphos District Court. Judgment was given in the case on that day. The applicant was found guilty of the offences of circulating forged documents, resisting lawful arrest and assaulting and deliberately obstructing a police officer during the performance of his duties (see paragraph 31 above). The court held, inter alia, that it had not been established that the applicant had entered Cyprus unlawfully and that, on the basis of the evidence before it, the Aliens and Immigration Law did not apply to the applicant who was a European Union citizen.
36.  The case was then adjourned until 17 April 2013 for sentencing.
37.  When adjourning, the court ordered the applicant’s detention and requested that a socio-economic report be prepared by the Department of Social Welfare Services.
38.  The applicant was taken to Paphos Police Detention Centre and the next day he was transferred to the Nicosia Central Prisons where he remained until 17 April 2013.
39.  In the meantime, on 15 April 2013, the applicant was examined by the prison doctor. The record appears to refer to a facial cranial injury the applicant had two years ago stating it was “now ok” and that he was “suitable”. A viral test was recommended.
40.  On 17 April 2013 the court imposed concurrent sentences of three months’ imprisonment for the first offence and one month’s imprisonment for the remaining offences, running from 10 April 2013. The applicant was taken back to the Nicosia Central Prisons to serve his sentence.
41.  On 19 April 2013 the applicant was re-examined by the prison doctor. The record indicated that the results of the viral test had not been received (see paragraph 39 above) and that the applicant was suitable for work but not in the kitchen.
42.  On 21 June 2013 the applicant was released following suspension of his sentence by virtue of a decree of the President of the Republic concerning a number of prisoners. To the extent that the decree concerned foreign convicts, suspension of their sentence came with a number of conditions, including that measures would be taken to ensure their departure from Cyprus.
43.  On the same day, the Director of the Department of Civil Registry and Immigration issued deportation and detention orders against the applicant pursuant to section 14 of the Aliens and Immigration Law on the ground that he was an illegal immigrant under section 6(1)(d) of that Law. The applicant was re-arrested immediately upon his release and placed in the immigration detention facilities in the Nicosia Central Prisons. It appears that the applicant never left the prisons but was arrested by the same officers who released him.
44.  A letter was also prepared by the Ministry of Interior informing him of the decision to detain and deport him following his conviction and imprisonment pursuant to section 6(1) of the Aliens and Immigration Law and Article 35 of the Right of Union Citizens and their Family Members to Move and Reside Freely within the Territory of the Republic of Cyprus (see paragraphs 90 and 94 below). In the letter it was stated that the applicant’s personal conduct represented a “genuine, present and sufficiently serious threat” to the public and legal order of the Republic and that following his deportation to France he would be prohibited from entering Cyprus for ten years. The letter, along with a form setting out his communication rights pursuant to Law 163(1)/2005 were served on him on 21 June 2013. On the copies of both documents there was a handwritten signed note by a police officer stating that they were served on the applicant on 21 June 2013 but that he refused to sign for them and give reasons.
45.  On 9 July 2013 the applicant was transferred to Menoyia Detention Centre where he was once again informed of his rights under the above Law. The applicant signed a form which stated that he had received the list of rights and obligations of the detainees in a language that he understood and which also informed him of the right to undergo medical tests, treatment and follow-up.
46.  The applicant did not have a valid passport or any other valid travel document. His “World Passport” was not recognised.
47.  On 28 November 2013 the applicant was interviewed by members of the Aliens and Immigration office. The applicant claimed that he was born in France but refused to present a birth certificate. He also stated that he wished to remain in custody.
48.  The Aliens and Immigration Office contacted the French Embassy in Cyprus for the purpose of establishing whether the applicant was a French citizen. The Embassy informed them that they would first talk to him on the phone and then, if he was indeed a French citizen, proceed to issue a travel document. They suspected, however, that he was from the Comoro Islands as their citizens often held “World Passports” which were not recognised by the French Government.
49.  On 11 December 2013 the applicant was interviewed again by members of the Aliens and Immigration Office but refused to co-operate. He also refused contact with the French Embassy and stated that he wished to remain in detention.
50.  On 20 December 2013 and, subsequently, on 4 February 2014, the applicant was interviewed by a staff member of the French Embassy who concluded that the applicant was not a French citizen. He had no French document and it was understood that the applicant’s father was from the Ivory Coast.
51.  On 4 February 2014 the applicant was interviewed by an officer of the Aliens and Immigration Office but refused to give any information or give any documents proving his real identity. He stated that he wished to be released and to be able to travel freely.
52.  On 27 February 2014 the applicant filled in a document with his biographical information.
53.  On 13 March 2014 the applicant was interviewed by members of the Aliens and Immigration Office but refused to co-operate. He claimed that his detention was unlawful.
54.  On 28 March 2014 members of the Aliens and Immigration Office sought instructions from the Director of the Department of Civil Registry and Immigration concerning the applicant’s detention.
55. On 9 April 2014 a letter was also sent by them to the Ministry of Foreign Affairs setting out the applicant’s history, his claims that he was a French citizen and attaching a letter by the WSA (see paragraph 19 above) which issued “World Passports”. It was also requested that the French Embassy investigate whether the applicant was a French citizen.
56.   The Aliens and Immigration Office also contacted the Consulate of the Ivory Coast in Cyprus.
57.  On 8 May 2014 the Ivory Coast Consulate informed the Aliens and Immigration Office that the personal details documented in the applicant’s “World Passport” were not real. It was not therefore in a position to issue a travel document. The Consul also informed them that he had met with the applicant in March 2013, before his arrest, and the applicant had refused to co-operate. It was therefore up to the Aliens and Immigration Office to persuade the applicant to disclose his identity. The Consulate would only then be able to issue a travel document.
58.  Interviews with the Aliens and Immigration Office took place on 26 June 2014, 8 August 2014, 16 September 2014, 7 October 2014 and 15 October 2014. The applicant, however, refused to co-operate and provide any information as to his real identity.
59.  On 22 September 2014 a reminder was sent to the Ministry of Foreign Affairs about steps taken towards the French Embassy and Ivory Coast to determine the applicant’s identity.
60.  The applicant was released on 24 October 2014. The conditions attached to his release were set out in a letter given to him on his release. In particular, the applicant was requested to take steps to obtain a valid passport and to hand it over, once obtained, to the Aliens and Immigration police. He would be given a certified copy of the passport which would allow the issuance of a residence permit or any other permit. A special residence/employment permit would be issued to the applicant for a period of three months from the date of his release. The applicant was also obliged to inform the Aliens and Immigration Police of a residence address within fifteen days from his release, and also to report to the nearest police station once a month.
61.   On 22 April 2013, while detained in the Nicosia Central Prisons, a prison warder told the applicant, along with two other foreign detainees, to go to another wing. When they got there, the Cypriot prisoners told them to clean their (the Cypriot prisoners’) cells. The applicant and the other two detainees refused and returned to their wing.
62.  The prison warder took them back in order to clean the cells. When they refused, five prisoners attacked them. The applicant stated that he fell down on the floor, his nose bled and he was hit on the chest and backbone. He remained on the floor for five minutes and three of the prison guards stood by while the other prisoners beat him up. The guards then took him back to his wing where they beat him up.
63.  The applicant stated that he sustained injuries to his face, ear and back and had broken chest bones.
64.  He did not receive any medical treatment for twenty-four hours.
65.  On 23 April 2013, the prison guard who was responsible for giving medical treatment to prisoners came to examine him and then sent him to the Nicosia General Hospital because of blood on his face,
66.  On 20 May 2013 he was taken to hospital as he could not hear anything because of pain and blood in his ear. He also had pain in the chest and back.
67.  On 7 May 2013, 28 May 2013 and 14 June 2013 the applicant applied to the prison authorities for access to his medical records and x-rays.
68.  The applicant submitted that the prison guards had informed him that there was no reason to contact a lawyer or his family and to bring him before a court.
69.   On 22 April 2013, at 9.50 a.m, the applicant and two other detainees were taken to the television room in another wing. They were accompanied by the head guard and two other guards. When the prison staff informed them of their duties, the applicant reacted by stating that he did not wish to work or clean and did not co-operate, and incited the other prisoners to refuse. The head guard informed the chief officer of the wing who instructed that the applicant be taken to his office by one of the guards so he could talk to him. The applicant then reacted and attempted to hit the guard who was meant to escort him but was prevented from doing so by two prisoners and one of the other guards.
70.  The Government submitted statements given on that day by the two guards and the head guard. The head guard stated that he had been in the office of the particular wing at the time of the incident and two of the prisoners and one of the guards had intervened and pushed the applicant back. According to the other two statements the applicant was immobilised. The Government also submitted a copy of a letter dated 16 October 2014 sent by the prison administrator to the Ministry of Justice concerning the present case describing the incident, in which it was stated that following the applicant’s attempt to hit the escorting guard, two of the prisoners and the other guard on duty pushed him aside and immobilised him.
71.  According to the applicant’s prison file, the applicant was charged under the Prison Regulations with assaulting a member of staff and failure to comply with a lawful order.
72.  On the same day the applicant was examined by the prison doctor. The entry in the applicant’s medical file, dated 22 April 2013, indicated as follows: “Involved in a fight. Complains of pain in the right thorax without obvious bruising. Abrasions on the lips. Blood in the ear canal. Without general symptoms. Respiratory murmur without rattle. Soft abdomen. Neurologically without focal points. Blood pressure normal. Pulse normal.” The applicant was prescribed medication and directions were given for re-examination.
73.  The next day the applicant was re-examined by the prison doctor who noted that the applicant did not want to be examined and refused medication but insisted on having an x-ray of his chest taken as he considered he needed it. The prison doctor, however, noted that there appeared to be no problem. He certified that the applicant had fresh blood in the left ear canal and that his eardrum was ruptured. The doctor then referred the applicant to the Accident and Emergency Department of the Nicosia General Hospital. He was taken there on the same day and was examined by an ear and throat specialist who noted that his ear was bleeding.
74.  The Government also submitted a medical record taken by a doctor at the Accident and Emergency Department of the above hospital certifying that the applicant had a perforated eardrum and referring the applicant to an ear and throat specialist. The record is undated.
75.  On 26 April 2013 the prison doctor’s record noted that the applicant had a ruptured eardrum and that he had not been taking his medication up to that date.
76.  On 2 May 2013, the prison doctor’s record, in so far as legible, indicated: “during night hours right side; normal respiration, murmur without additional sounds”.
77.  On 7 May 2013 the prison doctor noted that the applicant had asked to change wing. The applicant also wrote to the prison doctor requesting his medical records and x-rays.
78.  On 20 May 2013 the prison doctor noted that the applicant complained about his left ear and earache. He referred him a second time to an ear and throat specialist at the Nicosia General Hospital. He was examined on 22 May 2013 and the specialist noted that his eardrum was ruptured and recommended medication.
79.  On 28 May 2013 the applicant repeated his written request to the prison doctor for his medical records and x-rays.
80.  On 3 June 2013 the doctor stated that the applicant complained about pain in the right side of the chest but the clinical examinations did not reveal anything.
81.  According to a chart in his prisoner’s file, antibiotics were administered to the applicant daily from 22 April 2014 until 4 May 2014.
82. On 16 June 2013 the applicant wrote again to the prison doctor and requested his medical records and x-ray reports.
83.  On 18 June 2013 the prison doctor noted that the applicant should apply directly to the Nicosia General Hospital as prison doctors did not have in their possession x-rays and other reports issued by doctors there.
84.  On 21 June 2013, the date on which the applicant was released following the suspension of his sentence (see paragraph 42 above), he was informed by the prison guard in charge of his release that if he wished to have his x-rays he should apply directly to Nicosia General Hospital. A copy of the record to this effect from the applicant’s prison file was submitted.
85.  On or around 16 September 2014, the applicant went on hunger strike seeking his release.
86.  On 19 September 2014 the prison doctor referred the applicant to a psychiatrist and the District Court of Larnaca issued an order for temporary hospitalization at the Athalassa Psychiatric Hospital. The applicant was transferred there and a recommendation was made by the administration of the Menoyia Detention Centre for the deportation orders to be annulled.
87.  On 30 September 2014 the applicant was discharged from hospital and was transferred back to Menoyia.
88.   On 1 October 2014 the applicant went on hunger strike again which he continued until his release on 24 October 2014. He was under constant medical supervision throughout this period.