91996E1781

WRITTEN QUESTION E-1781/96 by Philippe De Coene (PSE) to the Commission (3 July 1996)

Subject: Cyprus's homosexuality laws

Cyprus is a candidate for membership of the European Union. The European Union has enshrined respect for the European Convention on Human Rights in Article F of its Treaty, and one can reasonably assume that applicant states also respect the ECHR. Articles 171, 172 and 173 of Cyprus's penal code forbid private homosexual acts between adults, making them punishable with 5- to 14-year prison sentences.

On 22 April 1993 the Court of Human Rights delivered a judgment in the case of Medinos v. Cyprus in which it ruled that these articles from the Cypriot penal code were incompatible with Article 8 of the ECHR.

Would the Commission answer the following questions:

1. Has Cyprus removed Articles 171, 172 and 173 from its penal code, so that it is no longer in violation of Article 8 of the ECHR?

2. If so, can the Commission say exactly what changes have been made?

3. If not, will the Commission take steps as part of the accession negotiations to ensure that this intrusion into private life, the present legal uncertainty and the violation of the ECHR established by the Court of Human Rights are eliminated?

Answer given by Mr Van den Broek on behalf of the Commission (19 July 1996)

Concerning the Cyprus legislation on homosexuality, the Commission been informed by the Cypriot authorities that after the decision of the European Court of human rights on 22 April 1993 (Medinos versus Cyprus) stating that Articles 171-173 of the Cyprus criminal code constitute a breach of Article 8 of the European Convention for the protection of human rights and fundamental freedoms, the ministry of justice and public order drafted an amending bill which the Council of ministers of Cyprus adopted on 26 January 1995 and which was in turn submitted to the House of representatives on 23 February 1995.

The Bill was debated in the legal committee of the House of representatives but had not been voted upon by the date of the dissolution of the House for the 26 May 1996 parliamentary elections. The discussions will continue when the committee resumes its work in September.