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23/07/2013
The ECtHR ruled on the right to an effective and speedy remedy to challenge detention of asylum seekers in Cyprus.
23/07/2013
The ECtHR ruled on the right to an effective and speedy remedy to challenge detention of asylum seekers in Cyprus.

ECLI
Input Provided By
EUAA Asylum Report
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
EU Charter of Fundamental Rights (EU Charter); European Convention on Human Rights (ECHR)
Reference
Council of Europe, European Court of Human Rights [ECtHR], M.A. v Cyprus, No 41872/10, 23 July 2013. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=183
Case history
Other information
Abstract

These cases concern the detention of Syrian asylum seekers during different periods between 2010 and 2012. In the cases of M.A., A.H. and J.K., H.S. and Others and K.F. the detention occurred after a police operation in June 2010 removing them from an encampment outside government buildings where they were protesting against the Cypriot Government's asylum policy. In all five judgments, the European Court found that the applicants did not have at their disposal an effective and speedy remedy under domestic law to challenge the lawfulness of their detention (violations of Article 5 § 4). The Court also found a number of different violations of Article 5 § 1 of the Convention in respect of different stages of their detention, including inter alia the period of their transfer from the encampment to police headquarters, which amounted to a deprivation of liberty without any legal basis, and, in some of the cases, a later period when the authorities failed to act with the required diligence to make the necessary arrangements for deportation. In addition, the case of M.A. concerns a decision taken in 2010 to deport the applicant to Syria on the basis he had been refused asylum and was a “prohibited immigrant” whereas his asylum claim was in fact pending. The European Court found that, in respect of the applicant's complaints under Articles 2 and 3 of the Convention, there was no effective remedy with automatic suspensive effect available against this decision which had been taken in error (violation of Article 13 in conjunction with Articles 2 and 3). Status of execution of Judgment of ECHR in the Committee of Ministers is available at: http://hudoc.exec.coe.int/eng?i=004-3213


Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
No 41872/10
Date of Decision
23/07/2013
Country of Origin
Syria
Keywords
Detention/ Alternatives to Detention
Effective remedy
Non-refoulement
Return/Removal/Deportation
Suspensive effect
Source
HUDOC ECHR