Contact Person Surname Solomidou-Ieronymidou First Name Marina Address 1 Museum Street Postal Code 1516

Transcription

1 A new response was submitted for your survey 'National report on of Hague Convention of 1954 and its two Protocols (1954 and 1999)'. The following answers were given by participant: Response ID 136 Date submitted :59:52 Last page 9 Start language en Password Personal Information Title Ms [A2] Contact Person Surname Solomidou-Ieronymidou First Name Marina Address 1 Museum Street Postal Code 1516 City Nicosia Country of Cyprus residence Telephone antiquitiesdept@da.mcw.gov.cy States Party to Hague Convention Please select Cyprus [45] your country I. Hague Convention of Article 3 - Safeguard ing of property This article sets out Yes [Y] obligatio n for High Contract ing Parties to adopt in time of peace appropri

2 ate safeguar ding measures against foreseeab le effects of an armed conflict. Have you adopted such measures? Please explain where possible. In particular, please explain measures taken, as well as difficulties and challenges encountered in process where applicable. Please also present solutions found to difficulties encountered. If this is you may refer to it. 2. Article 7 - No [N] Military Please refer to two previous National Reports. In addition, management plans for multiple properties, such as Ten Painted Churches of Troodos, have been drafted with funding and support from Structural Reform Support Service of European Commission. The Department of Antiquities is also undertaking additional measures towards safeguarding of property, such as installation of CCTV in sites open to public, which are being implemented in accordance to availability of funds and human resources.

3 measures This article sets out obligations of High Contracting Parties to introduce into ir military regulations or instructions such provisions as may ensure observance of Convention, as well as preparation or establishment, within ir armed forces, of services or specialist personnel whose purpose will be to secure respect for property and to co-operate with civilian authorities responsible for safeguarding it. These obligations must be implemented in time of peace Have you introduce d into your military regulation s or instructio ns such provision

4 s as may ensure observanc e of Conventi on? Please explain where possible. In particular, please explain measures taken, as well as difficulties and challenges encountered in process where applicable. Please also present solutions found to difficulties encountered. Please refer to previous National Report. If this is you may refer to it. Attach relevant documents File count [0] Have you establishe d within your No [N] armed forces, services

5 whose purpose will be to secure respect for property? Please explain where possible. In particular, please explain measures taken, as well as difficulties and challenges encountered in process where applicable. Please also present solutions found to difficulties encountered. Please refer to previous National Report. If this is you may refer to it. 3. Use of distinctive emblem to indicate property Yes [Y] (Chapter V) The Hague Convention of

6 1954 created a distinctive emblem for exclusive marking of property with aim of ensuring its recognition, particularly in event of armed conflict. The marking of property constitutes one of preparatory measures that may be taken in time of peace. Have you indicated property through use of distinctiv e emblem of Conventi on? Please explain where possible. In particular, please explain measures taken, as well as difficulties and challenges The sites that have been granted Enhanced Protection in Republic of Cyprus (Choirokoitia, Pafos and Painted Churches in Troodos Region) are designated through use of distinctive emblem of Convention ( Blue Shield) at a visible location at ir entrance points. In addition Blue Shield has been placed on roof of Mosaics Conservation Laboratory building that is located within complex of Kato Pafos Archaeological Site.

7 encountered in process where applicable. Please also present solutions found to difficulties encountered, and give on means recommended by your authorities to ensure visibility of distinctive emblem while preserving aestics of property. If this is you may refer to it. You may attach any photos you may have. 4. Article 25 Dissemination of Convention Mosaics_Lab_KPafos.gif ( KB) Emblem - Located on roof of Mosaics Conservation Lab at Kato Pafos Archaeological Site File count [1] The regulations Yes [Y] relating to protection of property in time of war must be incorporated into

8 programmes for military, and where possible, civil training. The aim is to ensure that principles of Convention are made known to whole population, and especially armed forces and personnel engaged in protection of property. Have you dissemin ated provision s of Conventi on within armed forces as well as among target groups and general public? Please explain where possible. In particular, please explain measures taken, as well as The Department of Antiquities in collaboration with Ministry of Defence have prepared an informative leaflet (in Greek) detailing text of Convention and Regulations for its within military. This leaflet is distributed to every new military recruit.

9 difficulties and challenges encountered in process where applicable. Please also present solutions found to difficulties encountered. If this is submitted report, you may refer to it. Within this framewor k, what awarenes s-raising activities have you organized, and what awarenes s-raising activities do you plan to organize in future? Please indicate target groups for each activity. The Department of Antiquities has participated in International Conference on Protection of Cultural Property that took place in Switzerland between 30 September 2 October 2012, and contributed a chapter on publication of proceedings entitled Challenges of protecting property published in In addition, on 2014 International Day of Monuments and Sites, an event was co-organised with Ministry of Defence for public/military awareness-raising activities on principles of Convention. As part of this event a photographic exhibition on The Destruction of our Cultural Heritage in occupied Cyprus and a lecture by Dr Nicholas Stanley-Price on War, disaster and reconstruction of heritage. Finally, in 2016 a photographic exhibition was organised in Nicosia by Department of Antiquities, Cyprus National Commission for UNECO and Press and Information Office, entitled World heritage of Cyprus: history, myth and religion. The exhibition proved to be very successful and was thus promoted in city of Pafos. Attach relevant documents Exhibition2016.gif ( KB) Photographic Exhibition - Exhibition on World Heritage of Cyprus

10 5. Article 26 (1) Official translations File count [1] The Secretariat has received a certain number of official translations of Convention and of Regulations for its execution. For reference, please consult: Language versions of Hague Convention and its 1954 Protocol Does your country have its national translatio n(s) re? Yes [Y] If no, you are encourag ed to submit an electronic copy of your national translatio n(s) to Secretari at. 6. Article 28 No [N]

11 Sanctions This article sets out obligations of High Contracting Parties to take, within framework of ir ordinary criminal jurisdiction, all necessary steps to prosecute and impose penal or disciplinary sanctions upon those persons, of whatever nationality, who commit or order to be committed a breach of Convention. Have you establishe d as criminal offences under your domestic law conduct contrary to obligatio ns set out by Conventi on? Please explain

12 where possible. In particular, please explain measures taken, as well as difficulties and challenges encountered in process where applicable. Please also present solutions found to difficulties encountered. If this is you may refer to it. If yes, Secretariat is pleased to ask for a copy of relevant provision(s) in French or English (see Section V Miscellaneous questions). II. Resolution II of Conference of 1954 Have you establishe d a National No [N] Advisory Committe e in accordan

13 ce with hope expressed by Conferen ce in its Resolutio n II? Please explain where possible. In particular, please specify if this Committee is part of National Commission on Implementation of International Humanitarian Law? If this is you may refer to it. III First Protocol Have you adopted measures to implemen t 1954 Yes [Y] First Protocol? In particula r, have you

14 adopted national legislatio n for custody of property imported eir directly or indirectly from any occupied territory? Please explain where possible. In particular, please explain measures taken, as well as difficulties and challenges encountered in process where applicable. Please also present solutions found to difficulties encountered. If this is you may refer to Please refer to previous National Report. In addition, Republic of Cyprus has established a National Committee for Combating of Looting and Illicit Trafficking of Cultural Heritage which comprises of experts/representatives from Department of Antiquities, Legal Services, Cyprus Police, Department of Customs and Excise, Ministry of Foreign Affairs, Cultural Services of Ministry of Education and Culture and Church of Cyprus. Furrmore, Law on Return of Cultural Objects was redrafted and voted by Members of Parliament in accordance with EU Directive 2014/60/EU of European Parliament and of Council of 15 May To enhance above efforts, agreements between Republic of Cyprus and or European or third countries have been signed which cover import and repatriation of property, prevention of ft, clandestine excavation and illicit import and export of property. Recently Council of Europe s Nicosia Convention on offences related to property was signed by six states (Cyprus, Armenia, Greece, Portugal, San Marino and Mexico) paving way for it to be ratified and put into effect. This convention establishes a number of criminal offences, including ft, unlawful excavation, import and export, illegal acquisition and placing on market. It also promotes international cooperation in this field and enhances international legal framework against trafficking.

15 it. Have you taken into custody property imported into your territory from an occupied territory? Yes [Y] Please explain where possible. In particular, Secretariat is interested in any examples of practical application between High Contracting Parties. If this is you may refer to it. IV Second Protocol 1. General provisions (Chapter 2) Yes [Y] Article 5 - Safeguarding of property

16 Article 5 of Second Protocol complements Article 3 of Hague Convention by concrete examples of peacetime preparatory measures, such as preparations of inventories of property or designation of competent authorities responsible for safeguarding of property. Have you adopted such measures? Please explain where possible. In particular, please explain measures taken, as well as difficulties and challenges encountered in See response regarding of Article 3 of Hague Convention of 1954.

17 process where applicable. Please also present solutions found to difficulties encountered. If your responses entirely overlap with those regarding of Article 3 of Hague Convention of 1954, you may refer to m. Likewise, if this is you may refer to it. Article 9 - Protection of property in occupied territory Article 9 of Second Protocol complements Please refer to previous National Report. provisions in Article 5 of Hague Convention by imposing a number of prohibitive measures on Occupying Power. Paragraph 102

18 of Guidelines for Implementation of Second Protocol requests Parties that are an Occupying Power to provide in ir national reports on way in which provisions regarding protection of property in occupied territory are observed. Do you ensure complian ce with provision s regarding protectio n of heritage under military occupatio n? Please explain

19 where possible. In particular, please explain measures taken, as well as difficulties and challenges encountered in process where applicable. Please also present solutions found to difficulties encountered. If this is you may refer to it. 2. Enhanced protection (Chapter 3) The Second Protocol establishes an enhanced protection regime. Enhanced protection is granted by Committee for Protection of Cultural Property in Event of Armed Conflict (composed of 12 Parties).

20 Paragraph 102 of Guidelines for Implementation of Second Protocol requests that Parties express ir intention to request inscription of property on List of Cultural Property under Enhanced Protection. Do you intend to request granting of enhanced protectio n for property in next four years or, where No [N] applicabl e, do you have a national tentative list within framewor k of Articlev1 1 (1) of Second Protocol?

21 Please explain where possible. If yes, please also indicate name of property(ies) concerned, along with a brief description. MONITORING OF CULTURAL PROPERTY UNDER ENHANCED PROTECTION [If certain property(ies) in your State benefit from enhanced protection, please also complete this section of questionnaire]. The benefit of enhanced protection implies continued compliance with conditions set out in Article 10 of Second Protocol. Is re a Yes [Y]

22 specific mechanis m in place to monitor property under enhanced protectio n? As an example, are measures adopted to ensure highest level of protectio n periodica lly reviewed so as to ensure y are fully effective in all circumsta nces? Please explain where possible. In particular, please explain measures taken, as well as difficulties and challenges encountered in process where applicable.

23 Please also present solutions found to difficulties encountered. If this is you may refer to it. Have you used new distinctiv e emblem adopted by 2015 Meeting No [N] of Parties to mark property under enhanced protectio n? Please explain where possible. In particular, please explain measures taken, as well as difficulties and challenges encountered in process where applicable. Please also present The Department of Antiquities is planning to place new distinctive emblem to mark property under enhanced protection in near future.

24 solutions found to difficulties encountered, and give on means recommended by your authorities to ensure visibility of distinctive emblem while preserving aestics of property. If this is you may refer to it. Pursuant to paragraph 65 of Guidelines for Implementation of 1999 Second Protocol, Parties must notify Committee of any change affecting property concerned to meet criteria set out in Article 10 of Second Protocol. No [N] Does Committe e need to be notified of a

25 change regarding property in your territory benefiting from enhanced protection? Please indicate, where appropriate, any change affecting property under enhanced protection. In particular, please indicate its use at time of submission of this report. 3. Criminal responsibility and jurisdiction (Chapter 4) Article 15 Serious violations of Second Protocol Article 15 requires Parties to establish as criminal offences under its domestic law a series of behaviours constituting serious violations of

26 Second Protocol, by punishing m by appropriate penalties. What measures have been taken to ensure implemen tation of this obligation? Please explain where possible. In particular, please explain measures taken, as well as difficulties and challenges encountered in process where applicable. Please also present solutions found to difficulties encountered. Please refer to previous National Reports If this is

27 you may refer to it. Article 16 Jurisdiction Article 16 requires Parties to establish jurisdiction of ir courts over serious violations of 1999 Second Protocol. What measures have been taken to According to Law No. 101 (I)/2016, courts of Republic of Cyprus confer have jurisdiction over offences set forth in article 15 of protocol, when jurisdictio se are committed in cases referred to in article 16 of Protocol. n on your The above legislation is in Greek and can be downloaded from website courts over cument. serious violations of Second Protocol? Please explain where possible. In particular, please explain measures taken, as well as difficulties and challenges encountered in

28 process where applicable. Please also present solutions found to difficulties encountered. If this is you may refer to it. Article 21 Measures regarding or violations The Second Protocol also requires Parties to adopt legislative, administrative or disciplinary measures to prevent occurrence of behaviours that adversely affect integrity of heritage. Yes [Y] Have you adopted such measures?

29 Please explain where possible. In particular, please explain measures taken, as well as difficulties and challenges encountered in process where applicable. Please also present solutions found to difficulties encountered. Please refer to previous National Reports. If this is you may refer to it. 4.Dissemination of and international assistance Article 30 Dissemination Article 30 complements Articles 7 and 25 of Hague Convention of In this

30 regard, it requests Parties to, among or things, strengn appreciation and respect for property by ir entire population, ensure dissemination of Protocol, and incorporate guidelines and instructions on protection of property in ir military regulations. Have you dissemin ated provision s of 1999 Second Protocol within armed Yes [Y] forces as well as among target groups and general public? Please explain where possible. Please see section I, point 4 above.

31 In particular, please explain measures taken, as well as difficulties and challenges encountered in process where applicable. Please also present solutions found to difficulties encountered. If this is you may refer to it. Within this framewor k, what awarenes s-raising activities have you organized, and what awarenes Please see section I, point 4 above. s-raising activities do you plan to organize in future? Please indicate target groups for each

32 activity. attach relevant documents If responses entirely overlap with those regarding of Articles 7 and 25 of Hague Convention of 1954, you may refer to previous responses. Likewise, if this is you may refer to it. Articles 32 International assistance File count [0] Pursuant to paragraph 102 of Guidelines for Implementation of Second Protocol, Parties are invited to present ir activities at bior multilateral level, within framework of technical assistance in order to share ir

33 experiences or best practices. Have you shared, particular ly via Secretaria t of UNESCO, your Yes [Y] experienc es in implemen tation and best practices? Please explain where possible. In particular, please explain measures taken, as well as difficulties and challenges encountered in process where applicable. Please also present solutions found to difficulties encountered. Please see section I, point 4 above. If this is you may refer to it.

34 5. Official translation of 1999 Second Protocol to Hague Convention of 1954 Pursuant to Article 37 of Second Protocol, Parties shall translate this standard-setting instrument into ir official languages and shall communicate se official translations to Director- General. To date, Secretariat has received a certain number of official translations of Second Protocol. For reference, please consult: Yes [Y] Language versions of 1999 Second Protocol Does your country have its national translatio

35 n(s) re? If no, you are encouraged to submit an electronic copy of your national translation(s) to Secretariat. V. Miscellaneous questions regarding Hague Convention of 1954 and its two Protocols 1.National focal point According to paragraph 103 of Guidelines for Implementation of Second Protocol: "Unless a Party requests orwise, presumed focal point would be its Permanent Delegation to UNESCO". If you do not wish to consider Permanent Delegation as focal point, please provide Secretariat with name and address of a national focal point that will receive all official documents and correspondence relating to of Second Protocol. Institution Name Address Tel. Fax 2. National practice regarding of Hague Convention and its Two Protocols The Secretariat would be grateful if you would provide it with a copy of following documents in French and/or English: