Doubts raised over bill allowing courts to deport foreign criminals

Concerns were raised on Wednesday by legal authorities and international organisations over a proposal to allow courts to order the deportation of foreign nationals convicted of serious crimes.

The proposal, submitted by Disy MP Nicos Tornaritis, was discussed at the House legal affairs committee, where officials warned that the measure could conflict with existing procedures and raise legal and human rights complications.

The bill seeks to introduce judicial deportation as an additional penalty that courts could impose on foreign nationals from third countries who are convicted of serious offences.

Supporters say the measure would align Cyprus with other European states that allow deportation following criminal convictions.

Tornaritis told the committee that the measure was intended to strengthen public safety and mirror practices already applied elsewhere in Europe.

However, legal service representatives warned that Cyprus already has an administrative system capable of deporting individuals who pose a threat to public order.

They raised concerns that introducing a court-ordered deportation penalty could blur the line between criminal sentencing and immigration procedures.

A legal service representative said the existing administrative mechanism allows authorities to act quickly when foreigners are deemed dangerous, describing it as “quite effective”.

The official questioned whether a criminal court would have access to the full information necessary to make deportation decisions without risking breaches of international obligations.

Particular concern was expressed in regard to avoiding refoulement, which prevents the return of individuals to countries where they may face persecution or danger.

Officials also questioned how courts would handle cases in which a convicted individual subsequently applies for asylum.

Speaking on behalf of the deputy migration ministry, Maria Adamidou expressed her reservation on whether deportation should be introduced as a criminal penalty.

She argued that such an approach could raise issues of equal treatment within the legal system and recommended that the proposed law avoid listing specific offences because doing so could prove restrictive.

The debate also drew attention to the UN refugees commission, which stressed that any deportation framework must clearly safeguard fundamental rights.

A UN representative cautioned the committee that the legislation should explicitly reference the non-refoulement principle, prohibit deportation of minors and ensure that family unity is considered when dealing with adult offenders.

They also suggested that individuals facing deportation should have the right to be heard, that the destination country should be clearly identified, and that any deportation decision should have suspensive effect while legal challenges are examined.

According to the deputy prisons department director, Maria Siali, foreign nationals make up more than half of the prison population.

Of the 1,172 inmates currently held in the central prisons, 620 are foreign nationals.

Among them, 544 are serving sentences for serious offences including drug trafficking, sexual crimes, premeditated murder, manslaughter and property-related crimes, while another 76 are imprisoned for offences linked to illegal entry and human trafficking.

The prison population also includes 81 women, 57 of whom are foreign nationals.

Following the discussion, Tornaritis said the proposal would be revised to incorporate some of the concerns raised during the meeting.

One amendment already accepted removes minors from the scope of the proposed measure.

He called on the legal service and relevant ministries to coordinate their positions and submit a comprehensive proposal that parliament could examine in detail.

“I have asked all competent bodies to coordinate and come forward with a complete proposal,” he said, adding that he was not confident the legislation would reach a vote before the current parliamentary term ends.