Constitution of the Republic of Cyprus (1960, as amended 2013) (excerpts related to state of emergency) (English)
Constitution of the Republic of Cyprus
(excerpts)
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Article 33
1. Subject to the provisions of this Constitution relating to a state of emergency,
the fundamental rights and liberties guaranteed by this Part shall not be
subjected to any other limitations or restrictions than those in this Part
provided.
2. The provisions of this Part relating to such limitations or restrictions shall be
interpreted strictly and shall not be applied for any purpose other than those for
which they have been prescribed.
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Article 183
1. In case of war or other public danger threatening the life of the Republic or any
part thereof, the Council of Ministers shall have power, by a decision taken in
this respect, to issue a Proclamation of Emergency:
Provided that the President and the Vice-President of the Republic shall.
separately or conjointly, have a right of veto against any such decision which
they shall exercise within forty-eight hours of the date when the decision has
been transmitted to their respective offices.
2. Any such Proclamation shall specify the Articles of the Constitution which shall
be suspended for the duration of such Emergency:
Provided that only the following Articles of the Constitution may be suspended
by any such Proclamation that is to say:-Article 7, only in so far as it relates to
death inflicted by a permissible act of war; Article 10, paragraphs 2 and 3; Article
11; Article 13; Article 16; Article 17; Article 19; Article 21; Article 23, paragraph
8, sub-paragraph (d); Article 25 and Article 27.
3. The President and the Vice-President of the Republic shall, unless, separately or
conjointly, they have exercised their right of veto as provided in paragraph I of
this Article, promulgate forthwith such Proclamation by publication in the
official Gazette of the Republic.
4. A Proclamation promulgated under the foregoing provisions of this Article shall
be laid forthwith before the House of Representatives. If the House of
Representatives is not sitting it must be convened as soon as possible for this
purpose.
5. The House of Representatives shall have the right to reject or confirm such
Proclamation of Emergency. In the case of rejection the Proclamation of
Emergency shall have no legal effect. In the case of confirmation the President
and the Vice-President of the Republic shall promulgate forthwith such decision
of the House of Representatives by publication in the official Gazette of the
Republic.
6. The Proclamation of Emergency shall cease to operate at the expiration of two
months from the date of confirmation by the House of Representatives unless
the House, at the request of the Council of Ministers, decides to prolong the
duration of the state of emergency, whereupon the President and the
Vice-President of the Republic, separately or conjointly, shall have a right of
veto against such decision of prolongation to be exercised in accordance with
Article 50.
7. 1. While a Proclamation is in operation, notwithstanding anything in this
Constitution, the Council of Ministers if satisfied that immediate action is
required may, subject to the right of veto of the President and the
Vice-President of the Republic under Article 57 to be exercised, separately or
conjointly, make any ordinance strictly connected with the state of emergency
having the force of law.
2. If no right of veto is exercised under sub-paragraph (1) of this paragraph the
President and the Vice-President of the Republic shall forthwith promulgate by
publication in the official Gazette of the Republic such ordinance.
3. Such ordinance if not sooner revoked shall cease to be in force at the expiration
of the emergency.
Article 184
1. Where any ordinance promulgated in pursuance of sub-paragraph (2) of
paragraph 7 of Article 183 provides for preventive detentiona.
the authority on whose order any person is detained under that ordinance
shall, as soon as may be, inform him of the grounds for his detention and,
subject to paragraph 3 of this Article, the allegations of fact on which the
order is based, and shall give him the opportunity of making
representations against the order as soon as may be;
b. no citizen shall be detained under that ordinance for a period exceeding
one month unless an advisory board constituted as mentioned in paragraph
2 of this Article has considered any representations made by him under
sub-paragraph (a) of this paragraph and has reported, before the expiration
of that period, that there is in its opinion sufficient cause for the detention.
2. An advisory board constituted for the purposes of this Article shall consist of a
Chairman, who shall be appointed jointly by the President and the
Vice-President of the Republic from among persons who are or have been
judges of the High Court or are qualified to be judges of such Court, and two
other members, who shall be appointed jointly by the President and the
Vice-President of the Republic after consultation with the President of the High
Court.
3. This Article does not require any authority to disclose facts of which disclosure
would in its opinion be against the national interest.
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