Three new convictions of the ECHR against Cyprus

The European Court of Human Rights (ECHR) with three new decisions in the Cases K.F v. CYPRUS (Application no. 41858/10), H.S. AND OTHERS v. CYPRUS (Application no. 41753/10 and 13 other cases) and A.H AND J.K. v. CYPRUS (Application No 41903/10 41911/10) condemned once again the Cyprus Republic for violations of Articles 5, paragraph 1 (right to security and liberty) and 5, paragraph 4 (access to an effective remedy against detention) of the ECHR.The applications relate to a number of Syrian Kurds who were arrested and detained for deportation purposes as ‘’prohibited immigrants’’ in 2010, despite the fact that some of them were still asylum seekers. In June 2010, the ECtHR issued for the first time in respect of Cyprus, interim measures under Rule 39 of the Rules of Procedures of the Court, suspending the deportation of the applicants.

The ECHR decided that neither the recourse under Article 146 of the Constitution, nor the Habeas Corpus applications in accordance with Article 155 of the Constitution (at first and second instance) constitute an effective remedy against decisions of detention of asylum seekers and migrants for deportation purposes, since both procedures do not comply with the speediness requirements of judicial review in cases of detention. Furthermore, the ECHR ruled that the detention of the applicants for a period of time until the issue of detention and deportation orders was unlawful as it was devoid of any legal basis.

The ECHR confirmed previous case law in the case of M.A vs Cyprus (Application No. 14872/10), according to which there is not any available effective remedy to challenge decisions of detention for deportation purposes as well as deportation of asylum seekers and migrants.
KISA highlights that until today, Cyprus has not complied with the decision of the ECHR, since nothing has changed in the judicial control system on the review of the legality of detention decisions, so as to comply with the speediness requirements. In addition, the appeal against negative decisions on asylum application or deportation of asylum seekers does not have automatic suspensive effect therefore violating Articles 3 and 13 of the ECHR.

KISA welcomes the decisions of the ECtHR and calls on the Government to comply immediately with its obligations deriving under Articles 3, 5 and 13 of the European Convention on Human Rights and to proceed immediately to review the judicial protection system in relation to migrants and asylum seekers in Cyprus so as to be able to avail themselves of an effective remedy.

KISA considers that there is an urgent need to establish special Immigration and Asylum courts, just like in the majority of all other member states of the EU. Such courts should be able to review speedily the legality of detention for deportation purposes, the challenge submitted should have an automatic suspensive effect and they should be able to adjudicate on the merits of the case.

The applicants were represented before the ECHR by the advocate and board member of KISA, Nicoletta Charalambidou, in the context also of KISA’s activities in strategic litigation in the areas of asylum and migration.

KISA Steering Committee

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ECHR rules Cyprus must pay Syrian deportees

Quelle: Cyprus-mail

by Andria Kades

The European Court of Human Rights (ECHR) on Tuesday ordered Cyprus to pay three Syrian Kurds deported from the island almost €17,000 in total for violating their human rights.

Filed in 2010, the cases concerned a total of 17 Syrian Kurds who applied for asylum on the island saying they were at risk of persecution and torture in their home country as they are a small minority. Cyprus deported them all in 2012. They had entered the island illegally between 2004 and 2011 except for one who arrived using a tourist visa. Some returned to the island later.

The ECHR judgment in the first case, which involves a married couple currently residing in Paphos said the applicants should jointly receive €8,000 in compensation in non-pecuniary damages and €2,956 in costs and expenses.

It cited a violation of Article 5 .1 regarding the lawfulness of their detention on June 11, 2010 when they, along with other applicants were protesting in front of government buildings against the asylum authorities and were taken to police headquarters. Some were deported on the same day, some were detained and those who were lawfully allowed to live in Cyprus were allowed to leave.

The violation refers to their transfer to and stay at police headquarters and not their detention from June 11, 2010 until May 20, 2011.

The detention of one of the two applicants of this case from November 29, 2012 to December 20, 2012 following their arrest at Paphos airport when they had tried to leave Cyprus with a false passport and without a valid residence permit was deemed to violate Article 5.1.

Although the ECHR found violations under the same article for the second case, which involved 12 applicants, their claim for just satisfaction was dismissed.

The judgement in the third case, which deals with a Syrian national of Kurdish origin who left the island voluntarily in 2012 and currently lives in northern Iraq was that he should receive €4,000 in non-pecuniary damage and €1,590 for costs and expenses.

This was due to the violation of Article 5.1 which regards the lawfulness of his detention on June 11, 2010 referring to his transfer to and stay at police headquarters. His detention, from the aforementioned date to April 20 in 2011, was not deemed to be in violation of the article.