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Conviction of Cyprus by the European Court of Human Rights

The European Court of Human Rights tried a case concerning a Syrian Kurd’s detention by Cypriot authorities and his intended deportation to Syria after an early morning police operation on 11 June 2010 removing him and other Kurds from Syria from an encampment outside of the EU House in Nicosia, during a protest against the Cypriot Government’s asylum policy and the material reception conditions that the Kurds from Syria were – and are still – facing in Cyprus. KISA (Action for Equality, Support and Antiracism), in cooperation with a lawyer, filed on behalf of the arrested Syrian Kurds the application at the court. It is one of 38 similar applications pending before the European Court of Human Rights. In the Chamber’s judgment in the case of M.A. v. Cyprus (application no. 41872/10), the European Court of Human Rights held, unanimously, that there had been: – a violation of Article 13 (right to an effective remedy) of the European Convention on Human Rights taken together with Articles 2 (right to life) and 3 (prohibition of inhuman and degrading treatment) due to the lack of an effective remedy with automatic suspensive effect to challenge the applicant’s deportation; – a violation of Article 5 §§ 1 and 4 (right to liberty and security) of the Convention due to the unlawfulness of the applicant’s entire period of detention with a view to his deportation without an effective remedy at his disposal to challenge the lawfulness of his detention, but no violation of Article 5 § 2 as concerned the applicant’s awareness of the reasons for his arrest and for his ensuing detention; and, – no violation of Article 4 of Protocol No. 4 (collective expulsion of aliens). In this context, the court held that Cyprus has to pay the applicant 10,000 euros (EUR) in respect of non-pecuniary damage. For the full case: http://hudoc.echr.coe.int/sites/fra-press/pages/search.aspx?i=003-4443131-5346266#{“itemid”:[“003-4443131-5346266”]}


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