Council Framework Decision on combating racism and xenophobia through criminal law is transposed
On 21.10.2011 a law came into effect (Law N. 134(I)/2011) transposing the Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law. The said Framework Decision had a deadline for transposition on 28.11.2010, however consultation amongst stakeholders produced disagreement over two issues: first, whether Courts will be obliged to take racist and xenophobic motivation into consideration or whether it will be left up to judicial discretion; and secondly whether the prosecuting authorities be specifically and expressly entitled to commence self-initiated investigations and prosecutions on matters covered by the Council Framework Decision even in the absence of a complaint from or the consent of the victim or the victim’s closest relative where the victim is deceased (Source: Update on Transposition of FD on Racism and Xenophobia to FRA from Cypriot NFP 10.01.2011). The law which eventually was enacted provides that the Courts must take racist and xenophobic motivation into consideration and the police are granted the right to investigate in the absence of a complaint.
