F. STATUS OF INTERNATIONAL LAW IN THE DOMESTIC LEGAL ORDER.

1. It was natural for Cyprus, a country with a long history and tradition of civilisation and culture, to accord, immediately after independance from colonial rule, vital importance to international law and particularly to human rights norms.

2. Cyprus has thus-ratified almost all international legal instruments relevant not only in the context of the Framework Convention for the Protection of National Minorities (which was ratified by Cyprus by Law 28(III) of 1995), but also in the context of human rights, in general, and has accepted the compulsory jurisdiction of the European Court of Human Rights, and the optional clause of Article 36(2) of the Statute of the International Court of Justice.

3. By virtue of the express provisions of Article 169 of the Constitution of Cyprus, all of the said international legal instruments are, as from the date of their publication in the Official Gazette of the Republic, incorporated into the Republic's municipal law and have, as from the said date, superior force to any municipal law. Such Instruments, being directly applicable in the Republic, they can, and are in fact, Invoked before, and directly enforced by the Courts and administrative authorities (Judgement of the Supreme Court of Cyprus in Civil Appeal No. 6616, Malachtou v. Aloneftis, 20 January 1986). When an International Convention contains non-self- executing provisions, the Legislature has a legal obligation to enact appropriate legislation in order to harmonise municipal law with the Convention, and make the latter fully enforceable. The Law Commissioner, an independent Officer, now a former senior judge, who is responsible for the updating of legislation, has also been charged with ensuring compliance of Cyprus' reporting obligations under human rights international instruments, as well as identifying areas of inconsistency of municipal law and administrative practice with current international law standards in the field of human rights, and proposing necessary action.

4. Part II of the Constitution of Cyprus, which sets out the Fundamental Rights and Liberties, incorporates verbatim, and expands upon, the rights and liberties safeguarded by the European Convention for the Protection of Human Rights and Fundamental Freedoms.

5. The constitutional structure of Cyprus embodies all norms necessary for the promotion of human rights and secures the separation of powers, particularly the independence of the judiciary.

6. The legislative, executive and judicial authorities are all enjoined by Article 35 of the Constitution to secure, within the limits of their respective competence, the efficient application of human rights, and the totally independent judiciary is the ultimate protector of human rights and liberties.

7. All laws, and especially Criminal Law and Procedure must and do protect fundamental rights. Any law that violates in any way human rights will and in many instances such laws or provisions thereof, were, upon a finding of inconsistency, declared by the Supreme Court unconstitutional.

8. Any restrictions or limitations of human rights guaranteed under the Constitution have to be provided by law, and have to be absolutely necessary only In the Interests of the security of the Republic, or the constitutional order, or the public safety, or the public order or the public health, or for the protection of the rights guaranteed by the Constitution to any person. Provisions relating to such limitations or restriction should be interpreted strictly. The Supreme Constitutional Court in the case of Fina Cyprus Ltd v. The Republic (RSCC, vol. 4, p33), decided that "legislation involving interference with the Fundamental Rights and Liberties safeguarded under the Constitution and their construction is governed by the settled principle that such provisions should be construed in case of doubt in favour of the said rights and liberties".

9. An individual, having exhausted all local remedies, may have recourse or submit a communication under the optional procedures of various international human rights instruments such as the International Convention on the Elimination of all Forms of Racial Discrimination (CERD), the European Convention of Human Rights, the (first) Optional Protocol to the International Covenant on Civil and Political Rights, and the International Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.

10. In the conduct of international relations of Cyprus, of dominating importance is the recognition of the predominance of international law, the purposes and principles of the UN Charter, and particularly the peaceful settlement of disputes based on respect of human rights and fundamental freedoms. Given the superior force of international instruments, international human rights law enriched and reinforced the body of municipal law that protects human rights and liberties. This came about, as a result of the policy of the Republic to examine treaties extended to it by Britain and notify as appropriate succession thereto, whilst examinig existing human rights regional and universal instruments, and ratifying or acceding to nearly all of them, a policy that continues to date.