ECHR rules against Cyprus in asylum seekers’ pushback case

The Republic of Cyprus was on Tuesday told to pay around €50,000 in damages to two asylum seekers for degrading treatment and pushback as they sought refuge in Cyprus from Lebanon, in a European Court of Human Rights (ECHR) ruling.

Syrian nationals – MA and ZR – were intercepted at sea by Cypriot authorities and were immediately returned to Lebanon.

In a unanimous decision, judges ruled “that the Cypriot authorities had essentially returned MA and ZR to Lebanon without processing their asylum claims and without all the steps required under the Refugee Law.

“The court could not ignore that they had been stranded at sea for two days under the control of the Cypriot marine police and had not been allowed to disembark to claim asylum,” the decision said.

“UNHCR Cyprus had not been given access to boats that were ‘pushed back’ during the relevant period.”

The decision was given by a chamber of seven judges, including Georgios Serghides from Cyprus.

The ECHR noted Cyprus had failed to provide any documentation of any records of the migrants, thus revealing their claims were never processed.

“It was however clear that MA and ZR, who had been kept on the boat with the intention of preventing their disembarkation onto Cypriot soil, had not been given access to legal advisers, and that contact with their relatives, through whom they had attempted to obtain legal assistance, had been extremely difficult while at sea.”

Though the government cited its bilateral agreement with Lebanon to allow the government to send back people who reached the country’s territory unlawfully, the judges stressed that states cannot evade their own responsibilities “by relying on obligations arising out of bilateral agreements with other countries.”

The two asylum seekers set sail on a boat in September 2020 with a group of approximately 30 Syrian and Lebanese people including unaccompanied minors.

According to their testimony, they were intercepted by Cyprus authorities where an interpreter told them they were not allowed to continue their journey.

They were provided with food and were told no one would be allowed to enter Cyprus and that they should return to Lebanon, or the police would escort them back.

The applicants told the interpreter that they wished to apply for asylum, explaining that they were Syrians, their house had been destroyed in the war and that they had children and families to take care of.

“Their explanations were ignored, the interpreter stating that there was a new law in Cyprus under which refugees were not allowed to disembark. Their identity cards were taken from them.”

They were tricked into thinking that they would be led ashore, the ECHR found.

“Instead, they were forced to board another boat, which contained police officers and other migrants who had also tried to enter Cyprus by boat and were also being returned to Lebanon. On their arrival in Lebanon, they were handed over to the Lebanese police, who arrested and questioned them before letting them go.”

The two individuals are still in Lebanon and their residence permits have expired.

The ECHR found Cyprus had violated Article 3 – prohibition of inhuman or degrading treatment of the European Convention on Human Rights.

Cyprus also violated Article 4 of Protocol No 4 – prohibition of collective expulsion of aliens.

There was also a violation of Article 13 – right to an effective remedy, and also violation of Article 3 of the European Convention.

“It was evident from the government’s submissions that the national authorities had not conducted any assessment of the risk of lack of access to an effective asylum process in Lebanon or the living conditions of asylum-seekers there, and had not assessed the risk of refoulement – the forcible return of refugees to a country where they might be subjected to persecution. Nor had they examined the specific situation of the individuals concerned.”

The court held that Cyprus was to pay €22,000 to each applicant in respect of nonpecuniary damage and €4,700 jointly in respect of costs and expenses.

Last month, a Human Rights Watch report called on the EU to hold Cyprus accountable for its treatment of migrants, as it documented cases of beatings, pushbacks and excessive force as migrants and asylum seekers were tied up with body restraints using zip-ties.

The NGO said Lebanese Armed Forces and Cypriot authorities work together to keep asylum seekers from reaching Europe, then deport them to danger in Syria where they face torture and even death.