'TANTAMOUNT TO TORTURE'

OMBUDSWOMAN Eliana Nicolaou said yesterday the treatment of two young
men mercilessly beaten by plain clothes officers last year was
tantamount to torture.

She said: "Beyond any doubt the two plaintiffs experienced inhuman,
degrading and humiliating treatment to such a degree and intensity
that it could be considered equivalent to torture."

The statement was made yesterday morning during a news conference to
announce the findings of her report regarding the December 20 beating
of two 27-year-old men in Nicosia.

Marcos Papageorgiou and his friend, Yiannis Nicolaou, were beaten
just off Armenias Street by plain clothes officers after they
"resisted arrest" during an ID check. The incident was videotaped by
an anonymous witness and widely broadcast on television 10 days ago.
It shows the two handcuffed youths being punched and kicked senseless
by several officers.

Both men ended up in hospital and had their left arms put in casts.
Pagageorgiou also underwent maxillofacial surgery.

The Ombudswoman's report is a thorough recording of events as told by
the plaintiffs and the five police officers involved in the beating.
The 27-page report also contains additional evidence, including a
copy of the police file of the initial investigation into the
incident, which was called off within days after the Attorney-general
appointed a criminal investigator to examine the 27-year-olds'
claims, an account of the police's reaction immediately after the
incident, the "fragmented" testimony of a second eyewitness, and a
recording of the videotape itself.

Nicolaou stressed it was not within her capacity to attribute blame
to specific individuals, but said the "necessary responsibility" had
to be assigned. This included all officers who had taken part in the
beating, those who had simply stood by and watched and did nothing to
stop what was happening, and those who had covered up what really happened.

"It is unrealistic for anyone to believe that what took place was an
isolated, random or unfortunate occurrence. On the contrary, this
incident is a symptom and repetition of a pathogenic phenomenon,
which cannot be dealt with if the factors that cause it are not
diagnosed and dealt with," she said. Nicolaou accepts that pressure
to find a serial rapist around the time the incident occurred could
have affected the officers' psychology and reactions to a certain
degree. But this in no way excused such human rights violations , she said.

"It has been proved that although members of the police had managed
to bring under control and almost immobilise the plaintiffs with the
use of handcuffs, they were repeatedly beaten, deliberately and
fiercely, on various parts of their body with the result of causing
them pain and causing them serious physical damage as well as putting
their emotional integrity and lives at risk," she said.

She added the men's behaviour could in no way be connected to the
officers' abuse, because they were unable to react while handcuffed.

"Instead, tied up, injured and unable to defend themselves, they were
left on the ground for some time, enduring low temperatures and they
experienced not only assault but also degradation."

The Ombudswoman also said she was appalled the 27-year-olds had been
arrested and held at a police station for an hour after sustaining
such serious injuries, instead of being taken for medical treatment
immediately.

She also expressed concern that the officers had blatantly lied about
what had happened and colluded to hide the truth.

Unsurprisingly, the accounts given by the two victims and that of the
five arresting officers - four MMAD (Mobile Rapid Reaction Unit)
officers and one female police constable from Lakatamia-Orinis police
station - are very different. The latter claimed the youths had
harmed themselves by thrashing about on the floor. They denied
exercising any violence - including reasonable force - and said they
did not see any other officer using any violence.

They even expressed surprise that one of the men had managed to twist
his handcuffed arms over his head. Instead, Papageorgiou, who kept
slipping in and out of consciousness, remembers someone pulling his
hair and arms and doing it for him. The video confirms Papageorgiou's version.

The police claimed the men's behaviour gave them cause to believe
they were on drugs and they called in the drugs squad to search their
vehicles, but admitted no traces of drugs were found in either car.

The five officers were questioned twice: once prior to Nicolaou's
office receiving a copy of the tape in January and once after. Both
times they remained firm in their version of events and categorically
denied inflicting any violence on the detainees. Instead, they said
they had been hit, sworn at and spat at. One officer even took two
days' sick leave for an alleged injury to his leg.

"They did not know we had a copy of the tape the second time We did
not feel it necessary to let them know that," explained Nicolaou.

Meanwhile the report reveals that the "eye witness" did not have a
good view of the beating, nor did he see there were two men until
they were driven away. The witness' account is sketchy, as he does
not see anyone being beaten. He also told police he heard "the long
haired youth" shouting and making a fuss, but when questioned by the
Ombudswoman's office he said the same man sounded scared and did not
threaten the officers.

The police chief, Justice Minister and Attorney-general have already
received a copy of the Ombudswoman's report. The Cabinet and House of
Representatives are also expected to receive a copy.

In her recommendations, Nicolaou suggested police receive practical
training on how to respect human rights. She urged that when dealing
with police complaints, the authorities approach the topic
objectively and not simply believe their own officials without question.

Nicolaou said she was confident her report would not go ignored and
said she was in constant co-operation with the police chief, who had
given his word to heed her suggestions.

Meanwhile, criminal investigators yesterday continued their inquiries
into the case, with officers seen taking measurements at the scene.
The Attorney-general has made every effort to speed up the
investigation since the videotape was leaked to the media.