Remainder inadmissible;Violation of Article 5 - Right to liberty and security (Article 5-4 - Speediness of review);Violation of Article 5 - Right to liberty and security (Article 5-1 - Deprivation of liberty;Lawful arrest or detention;Procedure prescribed by law;Article 5-1-f - Expulsion);No violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention;Article 5-1-f - Expulsion);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention;Article 5-1-f - Expulsion) (Syria);No violation of Article 5 - Right to liberty and security (Article 5-2 - Information on reasons for arrest);No violation of Article 4 of Protocol No. 4 - Prohibition of collective expulsion of aliens-{general}

George Nicolaou;Guido Raimondi;Krzysztof Wojtyczek;Ledi Bianku;Nona Tsotsoria;Paul Mahoney;Yonko Grozev

The applicant, who is a Syrian national of Kurdish origin, was born in 1982 in Syria.

In his application form to the Court the applicant stated that following the events in Qamishli in March 2004 (see paragraph 242 above; paragraph 3.13 of the United Kingdom Border Agency’s Country of Origin Information Report on Syria) he had participated in demonstrations that took place at his university. He was arrested in July the same year by the civil police and was detained for four days. During this period he was ill-treated and his health was adversely affected by the physical violence he was subjected to. The applicant was arrested again in March 2005 for three days and once again subjected to physical violence. Following his release, he was not able to find any employment as his police file remained open. He also submitted that he had not served compulsory military service.

The applicant left Syria on 10 February 2006 and entered Cyprus illegally on 5 March 2006 after travelling from Turkey. He submitted that he secured a visa for Turkey after bribing officials.

He applied for asylum in Cyprus on 12 March 2006.

The Asylum Service discontinued the examination of his application and closed his file on 29 August 2007 by virtue of section 16A (1) (a) of the Refugee Law of 2000-2004 (as amended up to 2004; Law no. 6(I)/2000; see paragraphs 236 below and M.A. v. Cyprus, no. 41872/10, § 74, ECHR 2013 (extracts)) as the applicant had not complied with the obligation deriving from section 8 of that Law, according to which, in the event of a change of address, the applicant had to inform the Asylum Service either directly or through the local Aliens and Immigration Police Department, within three days (see paragraph 236 below). According to the note in his file the applicant had not attended the interview arranged for 6 July 2007. In the note it is stated that a letter had been sent to him on 7 June 2007 by the Asylum Service requesting him to attend the interview. The applicant, however, had not received this letter as he had changed address in the meantime without notifying the authorities. Furthermore, it had not been possible to make telephone contact with him as he had given a wrong number.

The applicant did not lodge an appeal with the Reviewing Authority for Refugees (hereafter “the Reviewing Authority”).

The applicant submitted that he never received a letter asking him to attend an interview nor had he received notification of the decision of the Asylum Service to close his file so as to be able to appeal against it.

The applicant, who is a Syrian national of Kurdish origin, was born in 1985 in Syria.

The applicant left Syria on 25 September 2008 and entered Cyprus illegally on 12 November 2008 after travelling from Turkey.

In his application form to the Court the applicant stated that he had left Syria because he had been harassed and ill-treated by the Syria Security Police due to his origin and his connections to the Yekiti party. He stated that he had left Syria illegally.

The applicant applied for asylum in Cyprus on 13 November 2008. In his application for asylum, the applicant claimed that he had left Syria for two reasons. First of all, he had been beaten up by members of the Security Forces as he had complained about having to repair their cars at his car repair garage without payment. Secondly, his business had suffered setbacks by rising oil prices. He stated that he had left Syria legally.

The Asylum Service held an interview with him on 15 May 2009. In his interview the applicant claimed that he had been arrested and beaten up by the Security Forces on a number of occasions in connection with their demands to have their cars repaired for free and that the Head of the Security Forces had threatened to imprison him for a very long period. He also claimed that after he had left Syria he had found out that the Security Forces as well as the Syrian authorities were looking for him on the pretext that he had participated in the Qamishli events in 2004. He therefore faced imprisonment if he returned to Syria.

His application was dismissed on 29 May 2009 on the ground that he did not fulfil the requirements of the Refugee Law of 2000-2007 (as amended up to 2007), and the 1951 Geneva Convention relating to the Status of Refugees (hereafter “the 1951 Geneva Convention”) in that he had not shown that he had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular group or political opinion or a well-founded fear of serious and unjustified harm for other reasons. The Asylum Service considered that there was no possibility of the applicant being subjected to inhuman or degrading treatment if returned to Syria. The Asylum Service noted that there had been significant discrepancies and inaccuracies in his account of the facts on which his allegations of persecution were based. It held that the applicant’s allegations had been unfounded and had not been credible.

On 9 July 2009 the applicant lodged an appeal with the Reviewing Authority against the Asylum Service’s decision.

In the copies of the records of the Civil Registry and Migration Department it was noted on 3 March 2010 that in accordance with instructions given by Minister of the Interior on 9 February 2010, if the applicant was traced, the possibility of granting him a special residence permit should be examined before deporting him. Deportation should take place only if the applicant was involved in illegal activities.

On 23 April 2010 the Asylum Service’s decision was upheld and the appeal dismissed.

The Reviewing Authority pointed to contradictions in the applicant’s claims and held, having regard to all the information and evidence available, that they were unsubstantiated. It noted that the applicant had given two different reasons for which the Head of Security Forces had allegedly threated him with imprisonment. Furthermore, although he initially claimed that the Security forces and the authorities were falsely accusing him of participating in the Qamishli events, he then stated that he had actually participated but was not able to give accurate information concerning these events. Furthermore, the events complained of had happened in 2004 whereas he had left Syria legally in 2008 and he did not allege that during this period he was persecuted by the authorities because of his alleged participation. He was also able to leave Syria legally. The Reviewing Authority further stressed that his claims concerning ill-treatment were incoherent and that the applicant had not been able to describe in any detail the treatment he had been allegedly subjected to. Lastly, in reply to the applicant’s claims before it that he had been subjected to persecution because of his Kurdish origin, the Reviewing Authority observed that the applicant had not applied for asylum on this basis. In any event, it stressed that there was no indication that he had been subjected to any kind of discrimination on the ground of his origin.

The Reviewing Authority concluded by observing that the applicant had not established that he was at risk of persecution if he returned to Syria. Nor did he satisfy the conditions for temporary residence on humanitarian grounds.

The applicant submitted that he did not receive the decision of the Reviewing Authority but had only heard that his asylum file had been closed. He was therefore not able to appeal.

The Government submitted that a letter was sent on 10 May 2010 by double registered mail (registered mail with proof of delivery) to the address given by the applicant. The letter had been returned. They provided a copy of the receipt on which it was noted “insufficient address.”

The applicant, who is a Syrian national of Kurdish origin, was born in 1972 in Syria.

In his application form to the Court the applicant submitted that he had converted to Christianity. In 2003 he was detained by the Syrian police and was accused of organising a church congregation (organising people for church). During his detention, which lasted two days, he was tortured by police officers. He did not confess that he had changed religion but told them that he had been going to church to give music lessons. He was arrested again on 12 March 2004 and detained for five days during which he was subjected to torture. After he was released he was told that he would be contacted again. For this reason he started travelling around Syria but never staying in places where too many Kurds lived.

The applicant left Syria on an unspecified date in 2005. Although he had left legally, he had bribed a police officer at the border to let him go through. The applicant entered Cyprus illegally after travelling from Turkey.

He applied for asylum in Cyprus on 11 May 2005.

Following an interview on an unspecified date, his application was dismissed on 16 August 2008 on the ground that he did not fulfil the requirements of the Refugee Law of 2000-2005 (as amended up to 2005; see paragraph 20 above). The Asylum Service held that the applicant’s claims and his alleged fear of persecution on return to Syria were not credible. It noted in this respect that the applicant had been able to obtain a passport lawfully and to leave Syria, that there had been discrepancies between his asylum application and his interview, concerning the grounds for which he had alleged left Syria, and that the applicant lacked basic knowledge of the Christian religion.

On 12 September 2006 the applicant lodged an appeal with the Reviewing Authority against the Asylum Service’s decision.

It appears that on 17 October 2006 the applicant applied for a temporary residence permit.

On 20 March 2007 the decision was upheld and the appeal dismissed.

The Reviewing Authority, referring to the Asylum Service’s decision, held that there had been discrepancies in the applicant’s account of the facts and reasons for his departure from Syria which undermined his credibility. The Reviewing Authority noted, inter alia, that although the applicant had claimed that he had left Syria because he had been persecuted by the Security Forces he had been able to obtain a passport lawfully and to leave the country. The applicant had also stated in his interview that he had not faced any difficulties going through passport control as he did not have any problems with the Syrian authorities. Moreover, although the applicant alleged that he had been persecuted and harassed for participating in Kurdish festivities, when requested he did not give any details concerning the alleged persecution. To the extent that the applicant claimed that he had been detained twice following the Qamishli events, the Reviewing Authority observed that the applicant had been released without conditions and had never been charged with any offence. Lastly, the applicant in his interview had claimed that he had converted to Christianity while in Syria in 2002 and that he had left Syria for this reason. He had not, however, mentioned this in his application form on which it was stated that he was a Muslim. In any event, the applicant lacked basic knowledge of the Christian religion and had not been baptised.

The Reviewing Authority concluded that the applicant had not established that he was at risk of persecution if he returned to Syria. Nor did he satisfy the conditions for temporary residence on humanitarian grounds.

On 25 April 2007 the applicant was put on a stop-list but it was noted that he was not to be deported until further instructions were received from the Ministry of Interior.

The applicant did not lodge a recourse against the Reviewing Authority’s decision. He submitted that this was because of the costs of such proceedings and also due to the fact that he was subsequently given a temporary residence permit by the authorities (see paragraph 40 below).

On 6 July 2007, the Minister of Interior, following a meeting with the Cyprus-Kurdish Friendship Association on 5 July 2007, decided to grant the applicant a temporary residence permit for one year on the condition that he found a local employer who had authorisation to employ third country nationals. The applicant submitted that he was not able to find such an employer and that the Labour Office was not willing to approve a contract with other employers.

Following the expiry of his permit the applicant remained irregularly in Cyprus.

The Government submitted a copy of a letter dated 11 March 2009 which the Civil Registry and Migration Department had addressed to the applicant, informing him that following the negative decision of the Reviewing Authority, his application of 17 October 2006 for a residence permit (see paragraph 34 above) had been rejected and that he was requested to proceed to all necessary arrangements so as to depart from the territory of the Republic of Cyprus at once.

In the copies of the records of the Civil Registry and Migration Department it was noted on 3 March 2010 that in accordance with instructions given by the Minister of the Interior on 9 February 2010, if the applicant was traced, the possibility of granting him a special residence permit should be examined before deporting him. Deportation should take place only if the applicant was involved in illegal activities.

The applicant is an Ajanib (registered stateless) Kurd born in 1978 in Syria.

In his application form to the Court the applicant stated that he was a musician and as he was stateless he was unable to get a licence in Syria in order to practise his profession. Furthermore, a decree by the Governor of Al-Hasakah province in 1988 reportedly prohibited the singing of non-Arabic songs at wedding or festivals (Order No. 1865/sad/24; Human Rights Watch, Syria: The Silenced Kurds, 1 October 1996, E804, page 28). The applicant feared that he would be subjected to arbitrary detention and possibly torture because he was singing Kurdish songs.

For this reason he left Syria illegally on 20 January 2007 and entered Cyprus illegally on 28 January 2007 after travelling from Turkey.

He applied for asylum on 1 February 2007.

The Asylum Service held an interview with him on 9 March 2009. In his interview the applicant alleged, firstly, that his human rights had been violated as he was an Ajanib Kurd; in particular, his rights to education, work and property. Secondly, the applicant stated that he did not want his children to be Ajanib. Thirdly, he claimed that he would be imprisoned if he returned to Syria, as he had left the country illegally. He, however, stated that he had never been arrested and detained, harassed or persecuted by the Syrian authorities.

His application was dismissed on 17 March 2009 on the ground that he did not fulfil the requirements of the Refugee Law of 2000-2007 (see paragraph 20 above). In particular, the Asylum Service held that the mere fact that the applicant was an Ajanib Kurd from the Al-Hasakah area did not mean that the applicant was in danger of persecution. In particular, the Asylum Service held that the applicant could not claim to be in danger of persecution and entitled to refugee status simply by reason of being an Ajanib Kurd from the Al-Hasakah area. Furthermore, it considered that there was no possibility of the applicant being subjected to inhuman or degrading treatment if he returned to Syria.

On 30 March 2009 the applicant lodged an appeal with the Reviewing Authority against the Asylum Service’s decision.

It appears from the documents submitted by the Government that, on 25 August 2009, the applicant was put on the authorities’ “stop list”.

On 31 December 2009 the Reviewing Authority upheld the Asylum Service’s decision and dismissed the appeal.

The Reviewing Authority stressed, inter alia, that Ajanib Kurds were not persecuted on the basis of their ethnicity when they were not involved in anti-regime activities. The applicant had neither alleged that he had been harassed by the Syrian authorities nor that he had been persecuted by them. Furthermore, the Reviewing Authority observed that unless a person was an opponent of the regime, there was no real risk that leaving Syria illegally would result in persecution on their return. It also noted that according to its own research, Ajanib Kurds were entitled to, among other things, work in the public and private sector, receive an education and register their property. Furthermore, the applicant had given a document which belonged to his father and on which his personal details and family situation were registered such as births, death and divorce. The applicant could thus register his children under his name. Lastly, the applicant’s claim that he could not work as a musician did not constitute persecution or discrimination.

The Reviewing Authority concluded by observing that the applicant had not established that he was at risk of persecution if he returned to Syria. Nor did he satisfy the conditions for temporary residence on humanitarian grounds.

The applicant submitted that he did not lodge a recourse against this decision as he could not afford to do so.

The applicant submitted an attestation from the “Civata Demokratik a Kurd” (“CDK”) in Cyprus dated 26 March 2009 stating that he was a compatriot and participated in the movement of the Kurdish peoples for national and human rights and that he was also a member of the party in Cyprus. It stated that, as many other Kurds and being a stateless Kurd, the applicant was deprived of his rights and had no identity card. He was therefore not able to obtain a licence to work as a musician and that if he was returned to Syria he would be subjected to long term imprisonment, torture and ill treatment.

The applicant is an Ajanib (registered stateless) Kurd born in 1982 in Syria.

In his application form to the Court the applicant stated that he was a member of the Yekiti party in Syria and that he was involved in the Qamishli events. Following these events he was too scared to return to his village which had been closed for three months. During that period many people from his village were arrested and tortured by the authorities. Some disappeared. He decided to leave Syria as he was a stateless Kurd and given his political involvement in the Yekiti party and the Qamishli events.

The applicant left Syria illegally on 30 November 2006 and entered Cyprus illegally on 1 December 2006 after travelling from Turkey.

He applied for asylum on 18 December 2006.

The Asylum Service, however, discontinued the examination of his application and closed his file on 6 September 2007 by virtue of sections 8 and 16A (1) (a) of the Refugee Law of 2000-2007 as the applicant had not informed the Asylum Service or the local Aliens and Immigration Police Branch of his change of address (see paragraph 236 below). It was noted in the file that the Asylum Service had received a letter dated 19 March 2007 from the Nicosia District Immigration Office informing them that the applicant had not showed up at their offices within reasonable time and remained illegally in Cyprus. On 26 March 2007 he was put on the authorities’ “stop-list” as a wanted person. Subsequently, by letter dated 4 July 2007 the applicant was asked to attend an interview at the Asylum Service on 22 August 2007. The applicant did not show up and the authorities had not been able to locate him. The letter was returned by the postal service with a note that the applicant had moved. It had not been possible to make telephone contact as he had given a wrong number.

On 10 June 2008 the applicant lodged an appeal with the Reviewing Authority which was dismissed on 3 September 2008. The Reviewing Authority observed that the appeal concerned the applicant’s asylum claim and its substance and not the decision of the Asylum Service to close the file. As the substance of his claim had not been examined his appeal should have been directed against the decision to discontinue the examination of his application and not the merits of his case.

The applicant submitted that the Asylum Service had never called on him to attend an interview and that he had informed the Immigration Police about his change of address. He had only found out later from his lawyer that his file had been closed because he had not attended the interview. (He submitted an affidavit to this effect dated 24 November 2009 he made at the Paphos District Court.)

The applicant, who is a Syrian national of Kurdish origin, was born in 1982 in Syria.

In his application form to the Court the applicant claimed that on 8 March 2005, some police officials approached him while he was working in his field. A fight ensued when the officers wanted to take his fingerprints and he resisted. He beat up one of the officers and managed to escape. He went into hiding as the Syrian police were looking for him.

He then left Syria on 25 August 2005 and entered Cyprus illegally on 29 August 2005 after travelling from Turkey.

He applied for asylum on 30 August 2005.

The Asylum Service held an interview with him on 26 June 2008.

His application was dismissed on 10 July 2008 on the ground that he did not fulfil the requirements of the Refugee Law of 2000-2007 and the 1951 Geneva Convention (see paragraph 20 above). The Asylum Service considered that there was no possibility of the applicant being subjected to inhuman or degrading treatment if returned to Syria. It observed in this respect that it transpired during the interview that the applicant had left Syria for financial reasons. Furthermore, to the extent that the applicant alleged that if returned to Syria he would be arrested, convicted and sentenced to long-term imprisonment because he had lodged an asylum application, this was unfounded. On the basis of the information before it, the Syrian authorities did not persecute persons just because they had applied for asylum.

On 25 July 2008 the applicant lodged an appeal with the Reviewing Authority against the Asylum Service’s decision.

On 26 January 2009 the decision was upheld and the appeal dismissed.

The Reviewing Authority observed that in his application form the applicant claimed that he had left Syria because of fear following the Qamishli events. In his interview with the Asylum Service, however, he claimed that he had left Syria for financial reasons and that although he had taken part in the Qamishli events and had been arrested, arrests had been a general phenomenon and this had not been the reason he had left Syria. In his appeal he stated that he had left for financial and political reasons. He had not however, substantiated that he would be subjected to prosecution on political grounds. The applicant was not involved in any political parties and did not carry out any anti-regime activities. Lastly, it found that the applicant’s allegation that he ran the risk of being imprisoned if returned to Syria because the authorities knew he had sought asylum was also unfounded as, on the basis of the information before it, the Syrian authorities did not persecute failed asylum seekers upon their return unless they were opponents of the regime.

The applicant submitted that he did not lodge a recourse against this decision as he could not afford to do so.

The Government submitted a copy of a letter dated 5 May 2009 which the Civil Registry and Migration Department had addressed to the applicant, informing him that following the negative decision of the Reviewing Authority and the expiry of his temporary residence permit, he was requested to proceed to all necessary arrangements so as to depart from the territory of the Republic of Cyprus at once.

On 29 May 2009 the applicant was put on the authorities’ “stop list”.

The applicant submitted that the Syrian authorities were still looking for him.

The applicant, who is a Syrian national of Kurdish origin, was born in 1984 in Syria.

In his application form to the Court the applicant claims that on 20 March 2005, while he was serving in the Syrian army, he was arrested and taken into detention by the Syrian authorities along with other Kurds because of Nowruz (the Iranian New Year, Nowruz or Newroz marks the first day of spring or Equinox and the beginning of the year in the Persian calendar). He was tortured for ten days along with his co-detainees. They were put into a car tyre and were subjected to bastinado. They were accused of conspiring against the State. Military proceedings were brought against him but after completion of his military service the charges were dropped. During this time the military police collected information on him and his friends and he was entered on a database as a dangerous individual. He was arrested again on 21 March 2006 because he attended the Nowruz celebrations and was a member of Yekiti party. He was detained for a week and was released after bribing the District Officer. He was then re-arrested on 15 August 2006 at his house after attending a Yekiti party meeting. He was released after bribing the same official. He then decided to leave Syria and managed to obtain a Turkish visa after bribing a Syrian security official working at the Turkish embassy.

The applicant left Syria in August 2006 and entered Cyprus illegally after travelling from Turkey.

He applied for asylum on 25 August 2006. He claimed that he had left Syria because as a Kurd he had been subjected to discrimination. Kurds were persecuted and did not enjoy any rights. He had therefore left for fear of his life.

The Asylum Service held an interview with him on 27 February 2009. The applicant claimed, inter alia, that he was a follower/supporter of the Yekiti Party, he had left Syria due to the injustice that Kurds suffered, and in particular, although he had a passport he had no other rights and he could not buy a house or land or work. He claimed that he was known to the Syrian authorities and he had been taken at the police station and beaten up on several occasions. He had been arrested and detained on a number of occasions. In particular, in 2005 he had been arrested and detained for four or five days for participating in the Nowruz festivities. He had been arrested on another occasion for problems he had in the army. In May 2006 he was detained for a week and in August 2006 for four days. The latter two times he had been released after paying a sum of money. He also stated that he was not wanted by the authorities and no other member of his family had ever been arrested. He claimed that he feared arrest if returned to Syria.

Subsequently, the Asylum Service called the applicant for a second interview and asked him to provide any documents he had concerning his application. The second interview was held on 10 April 2009. In this the applicant claimed, inter alia, that certain members of his family worked and that although the job market was not good, he would be able to work if he managed to find something. The applicant stated that he had been arrested on 20/21 March 2005 when he was in the army following a dispute with another soldier on 21 March 2006 for participating in the Nowruz festivities, and on 25 May 2006 and 2 August 2008 when demonstrations took place even though he was not involved. He was not, however, wanted by the authorities nor did he have any problems by reason of the fact that he was a follower of the Yekiti party.

His application was dismissed on 13 May 2009 on the ground that he did not fulfil the requirements of the Refugee Law of 2000-2007 (see paragraph 20 above). The Asylum Service considered that there was no possibility of the applicant being subjected to inhuman or degrading treatment if returned to Syria. It therefore held that his asylum application had not been substantiated. In particular, the Asylum Service pointed out that during his interview he had claimed that he had left Syria for two reasons: because of his Kurdish origin he could not work and buy a house or land and secondly due to his arrests by the Syrian authorities. With regard to the first claim, they noted that he had not substantiated that he had been subjected to any form of discrimination due to his origin. As regards the arrests the applicant’s allegations remained unfounded as he had not given any specific answers to questions that had been put to him. Furthermore, during the interview the Asylum Service had spotted a number of significant untruths/falsehoods concerning his claim.

On 3 June 2009 the applicant lodged an appeal with the Reviewing Authority against the Asylum Service’s decision.

On 28 April 2010 the decision was upheld and the appeal dismissed.

The Reviewing Authority observed that the applicant had not been subjected to persecution and had claimed that he was not wanted by the Syrian authorities. In its decision it observed that the applicant’s claims had not been credible and had been vague and unsubstantiated. Although he claimed that he could not buy a house or land, he then stated that his parents owned a house which they lived in. Further, although he initially claimed that he could not work due to the fact that he was Kurdish he then stated that his family worked and he also was able to. The information he gave concerning his arrest and reasons was equally general and vague. He was not in a position to give specific replies to questions given concerning these matters. The Reviewing Authority observed that the applicant had not been able to reply satisfactorily and with precision to certain questions and give information concerning his claims.

In conclusion, the Reviewing Authority held that the applicant had not established that he was at risk of persecution if he returned to Syria. Nor did he satisfy the conditions for temporary residence on humanitarian grounds.

The applicant submitted that he did not lodge a recourse against this decision as he could not afford to do so and at that time no legal aid was granted in such cases.

The applicant, who is a Syrian national of Kurdish origin, was born in 1979 in Syria.

In his application form to the Court the applicant claimed that he and his family are members of the Azadi Kurdish party in Syria which was banned by the authorities. In early September 2006 the applicant was driving his motorbike in his village carrying Azadi party papers. The civil police in Aleppo ordered him to stop but he fled as he was scared that they would find the papers. The police pursued him but he managed to escape. The next day the police went to his house. The same day he got a visa on his passport.

The applicant left Syria on 19 September 2006 and entered Cyprus illegally on 23 September 2006 after travelling from Turkey.

He applied for asylum on 26 September 2006.

The Asylum Service, however, discontinued the examination of his application and closed his file on 3 April 2009 by virtue of section 16A (1) (c) of the Refugee Law of 2000-2007 (see paragraph 236 below) as the applicant had not come to the interview which had been fixed for 27 March 2009 despite having received the letter requesting him to attend. It was noted in the file that the letter had been sent to him by double registered mail and there was indication he had received it. It was also noted that the applicant, on 19 March 2009, had confirmed on the telephone after receiving a call by the Asylum Service that he would come to the interview. Despite this he had not shown up. Lastly, there was no indication that the applicant had departed from the country.

The applicant did not lodge an appeal with the Reviewing Authority.

The applicant submitted that he never received a letter asking him to attend an interview and that he had not received notification of the decision of the Asylum Service to close his file. He was subsequently informed of the closure of his file but he did not appeal against the decision as he did not know the procedure to follow and the steps to take so he could appeal against it. He was also scared to approach the authorities.

In the copies of the records of the Civil Registry and Migration Department it was noted on 3 March 2010 that in accordance with the instructions of the Minister of the Interior given on 9 February 2010, if the applicant was traced, the possibility of granting him a special residence permit should be examined before deporting him. Deportation should take place only if the applicant was involved in illegal activities.

The applicant submitted that the Syrian police were still looking for him.

In his application form to the Court the applicant stated that on 13 March 2004 he participated in a demonstration in his village concerning the Qamishli uprising. He had a camera and was taking photographs of the event when the civil police arrested him. He was blindfolded, placed in a police vehicle and transferred to the central detention centre of the village. There he was continuously tortured and ill-treated for one month. After his release, he was obliged to report to the police every two days. On 2 January 2005, nine months after his release, the applicant decided to leave Syria as he was no longer able to handle the feeling of insecurity. He applied to get a passport from the authorities but this was refused. He succeeded in getting one after bribing officials.

The applicant left Syria on 14 March 2005 and entered Cyprus illegally travelling from Turkey.

He applied for asylum on 30 March 2005.

The Asylum Service held an interview with him on 12 June 2008.

His application was dismissed on 8 July 2008 on the ground that he did not fulfil the requirements of the Refugee Law of 2000-2007 (see paragraph 20 above). The Asylum Service considered that there was no possibility of the applicant being subjected to inhuman or degrading treatment if returned to Syria. It noted that no form of discrimination or persecution transpired from the applicant’s claims. There had been discrepancies between his application and the allegations made during his interview, which undermined his credibility. It held that the applicant’s claims and his alleged fear of persecution on return to Syria were not credible.

On 21 July 2008 the applicant lodged an appeal with the Reviewing Authority against the Asylum Service’s decision.

On 29 September 2008 the decision was upheld and the appeal dismissed.

The Reviewing Authority noted that there were serious discrepancies between what he stated in his asylum application form and during his interview. For example, in his application he stated that he had left Syria because he was Kurdish and he had problems with the Syrian authorities. During the interview he had alleged that he had not left Syria for political reasons but because his family had reached an agreement with another family to marry against his wishes. The applicant had also claimed that he had to move about in the country in order to avoid being caught by the authorities but then stated that he did not face any serious problems. Further, he initially claimed during the interview that even though he had signed his application form he did not know the contents as this had been filled in by another person. He subsequently, stated, however, that the contents were of a political nature and that he had told the person filling in the form to write whatever he wanted. This undermined the applicant’s credibility.

The Reviewing Authority concluded that the applicant had not established that he was at risk of persecution if he returned to Syria. Nor did he satisfy the conditions for temporary residence on humanitarian grounds. The letter of notification addressed to the applicant by the Reviewing Authority dated 29 September 2008 stated that its decision was subject to adjudication before the Supreme Court within seventy-five days from the date he was informed of the decision.

The applicant submitted that he did not lodge a recourse against the Reviewing Authority’s decision as he did not know he had the right to do so.

The Government submitted a copy of a letter dated 24 March 2009 which the Civil Registry and Migration Department had addressed to the applicant, informing him that following the negative decision of the Reviewing Authority as well as the expiry of his temporary residence permit, he was requested to proceed to all necessary arrangements so as to depart from the territory of the Republic of Cyprus at once.

On 10 August 2009 the applicant was put on the authorities’ “stop- list”.

The applicant, who is a Syrian national of Kurdish origin, was born in 1985 in Syria.

In his application form to the Court the applicant claimed that on 20 March 2007 he lit a fire with some friends to celebrate Nowruz. When the police came he managed to flee but his friends were arrested. He later found out from his family that the police were looking for him. He left Syria on 29 September 2007 through the border with Turkey after the taxi driver bribed the officials.

The applicant entered Cyprus illegally in October or beginning of November 2011 after travelling from Turkey.

He applied for asylum on 7 November 2007. He claimed that he had left Syria because he had participated in a demonstration concerning Kurdish rights and that for this reason he was sought after by the Syrian authorities.

The Asylum Service held an interview with him on 4 November 2008. The applicant claimed, that following the demonstration the authorities had asked certain of the persons that had been arrested information about him. He had left Syria for this reason. He also claimed that if he returned to Syria he might not be allowed entry or he ran the risk of being arrested. Furthermore, he stated that he had never been detained, harassed or persecuted by the Syrian authorities and that he or his family did not belong to any, inter alia, political, religious or military group/organisation.

His application was dismissed on 23 April 2009 on the ground that he did not fulfil the requirements of the Refugee Law of 2000-2007 and the 1951 Geneva Convention (see paragraph 20 above). The Asylum Service considered that there was no possibility of the applicant being subjected to inhuman or degrading treatment if returned to Syria. It observed that the applicant’s allegations were general and vague. In particular, it noted that the applicant had failed to give any information/details about the demonstration he had allegedly participated in despite being asked during the interview. It concluded that his allegations had been unfounded and had not been credible.

On 20 May 2009 the applicant lodged an appeal with the Reviewing Authority against the Asylum Service’s decision.

On 19 March 2010 the decision was upheld and the appeal dismissed.

The Reviewing Authority observed that the applicant had admitted that he had not been subjected to any harassment or persecution. His allegations concerning his fears of arrest were vague and general. He was not in a position to specify when and which demonstration he had taken part despite being asked specific questions on this during the interview. Furthermore, he had been able to leave the country legally without any problems. There was no indication that the Syrian authorities were searching for him.

In conclusion, the Reviewing Authority held that the applicant had not established that he was at risk of persecution if he returned to Syria. Nor did he satisfy the conditions for temporary residence on humanitarian grounds.

The applicant submitted that he did not lodge a recourse against this decision as he was advised by a lawyer that it would be a waste of time and effort as the Supreme Court dismissed all such cases.

In his application form to the Court the applicant claimed that when he was in the Syrian army he was detained for forty days on the basis of his ethnic identity. During that period he was subjected to ill-treatment such as standing still under the sun for long periods. There were also other Kurds detained with the applicant and they were all told that this was a preparation for what was going to happen to all the Kurds in the future. The applicant was also involved in cultural (folklore) activities of the Yekiti party. Participation in cultural groups such as dance, drama or folkloric groups that wear Kurdish traditional dress and participate in funerals or other social rites was considered by the authorities to be political and thus repressed. The Syrian government and authorities tended to politicise ordinary people who participated in these activities and therefore they ran a risk of being criminalised and exposed to persecution by the authorities.

The applicant left Syria in June 2006 legally but only after bribing officials at the border with Turkey.

The applicant entered Cyprus illegally on 20 June 2006 after travelling from Turkey.

He applied for asylum on 28 June 2006.

The Asylum Service held an interview with him on 18 July 2008.

His application was dismissed on 8 August 2008 on the ground that he did not fulfil the requirements of the Refugee Law of 2000-2007 and the 1951 Geneva Convention (see paragraph 20 above). The Asylum Service considered that there was no possibility of the applicant being subjected to inhuman or degrading treatment if returned to Syria. It noted that the applicant, during the interview, had claimed that he had left Syria due to a long standing property dispute between his family and another family. Although the Asylum Service did not question the credibility of his allegations concerning the existence of this dispute as such it did not find the applicant’s claims as to his involvement in this dispute credible and that his departure from Syria was justified on this ground. The statements made in his interview were contradictory and he had stated that his life was not in danger. Eventually, the applicant had admitted that he had left Syria for financial reasons and faced no danger if he returned.

On 8 September 2008 the applicant lodged an appeal with the Reviewing Authority against the Asylum Service’s decision.

On 16 June 2009 the decision was upheld and the appeal dismissed.

The Reviewing Authority observed that the applicant’s account of facts concerning the alleged family dispute were contradictory. Furthermore, in his asylum application form he had stated that he his life was not in danger and that he had left Syria lawfully and for financial reasons. It had also become clear during the interview that the applicant had not left Syria for the reasons he had initially claimed but for financial reasons; he could not find work with an adequate salary. He was therefore using the asylum procedure to extend his stay in Cyprus. New claims put forward by the applicant in his appeal that he was wanted by the Syrian authorities because he had taken part in the Nowruz celebrations and that had been detained for three months had not been substantiated and had not been raised by the applicant in his asylum application form or his interview with the Asylum Service. Lastly, the applicant had admitted that his life would not be in danger if he returned nor would he be punished.

The applicant submitted that he did not lodge a recourse against this decision as he could not afford to pay a lawyer.

The Government submitted a copy of a letter dated 30 July 2009 which the Civil Registry and Migration Department had addressed to the applicant, informing him that following the negative decision of the Reviewing Authority, he was requested to proceed to all necessary arrangements so as to depart from the territory of the Republic of Cyprus at once.

The applicant, who is a Syrian national of Kurdish origin, was born in 1984 in Syria.

In his application form to the Court the applicant claimed that on 20 March 2006 he and his mother lit a small fire to celebrate Nowruz. They also had the Kurdistan flag on their roof. The police raided their house during which they hit the applicant’s mother. She fell and had a minor head injury. They arrested the applicant and put him in detention. There were no formal legal proceedings and the applicant was released after his family bribed the police. In 2007 he was arrested once again but was released with the help of his family who bribed the officers. He managed to obtain a passport through bribery and left Syria on 15 July 2007.

The applicant entered Cyprus illegally on an unspecified date after travelling from Turkey.

He applied for asylum on 30 September 2007.

The Asylum Service held an interview with him on 8 January 2009.

His application was dismissed on 10 February 2009 on the ground that he did not fulfil the requirements of the Refugee Law of 2000-2007 and the 1951 Geneva Convention (see paragraph 20 above). The Asylum Service considered that there was no possibility of the applicant being subjected to inhuman or degrading treatment if returned to Syria. It noted that the applicant, during the interview, had claimed that he had left Syria because he had been persecuted by the Syrian authorities for being a member of the PKK (the Kurdistan Workers Party, an illegal organisation). It held that the applicant’s claims were not credible as he had not been able to reply satisfactorily to basic questions concerning the party. He was not therefore able to establish that his was a member of the party and therefore substantiate that this was the ground for which he was allegedly persecuted.

On 24 February 2009 the applicant lodged an appeal with the Reviewing Authority against the Asylum Service’s decision.

On 25 August 2009 the decision was upheld and the appeal dismissed.

The Reviewing Authority in its decision observed that the applicant’s claims had not been credible and had been unsubstantiated. It noted that although the applicant claimed that he had been persecuted for being a member of the PKK and participating in activities and had fled for this reason, he was not able to give any information about the party. For example, he did not know who was the leader of the PKK, he was not able to draw the flag or to explain what the initials meant. Furthermore, he had a passport and had left the country legally without any problems.

In conclusion, the Reviewing Authority held that the applicant had not established that he was at risk of persecution if he returned to Syria. Nor did he satisfy the conditions for temporary residence on humanitarian grounds.

The applicant did not lodge a recourse against this decision.

By a letter dated 26 January 2010 the Civil Registry and Migration Department asked the applicant, following the negative decision of the Reviewing Authority, to proceed to all necessary arrangements so as to depart from the territory of the Republic of Cyprus at once.

On 3 March 2010 the applicant was put on the authorities’ “stop-list”.

The applicant, who is a Syrian national of Kurdish origin, was born in 1981 in Syria. He is married and has one child.

In his application form to the Court the applicant stated that he was a member of the banned Azadi Kurdish party. On 7 August 2003 he completed his military service and then went back to his village where he discovered that the Syrian authorities had changed the name of his village into an Arabic one. Along with four other persons they rewrote the original name over the Arabic one on the road signs. After this, the intelligence service detained two of his friends. The applicant and the others fled to Aleppo. From the two persons arrested, the one disappeared in the hands of the authorities and the second one was released after spending two years in detention and after disclosing the identities of the ones who managed to escape. After getting help from members of the Azadi party, the applicant managed to get a passport.

The applicant left Syria on 23 September 2003 and came to Cyprus on 27 September 2003 with a tourist visa after travelling from Lebanon.

He applied for asylum on 23 September 2004, about a year later. In his form he claimed that he had left Syria because of the inhuman treatment Kurds were subjected to and their difficult living conditions.

The Asylum Service held an interview with him on 20 May 2008. During this he stated that he had left Syria because the Kurds had no rights and that a photograph had been taken of him during a demonstration of the Azadi party. He stated that he feared arrest and imprisonment upon his retrun.

His application was dismissed on 30 May 2008 on the ground that he did not fulfil the requirements of the Refugee Law of 2000-2007 (see paragraph 20 above). The Asylum Service found that the asylum application had not been substantiated. It noted that there had been discrepancies in his account of the facts which undermined his credibility in so far as he claimed that he had taken part in a demonstration during which his photo had been taken by the Syrian authorities. Further, it considered that there was no possibility of the applicant being subjected to inhuman or degrading treatment if returned to Syria.

On 11 June 2008 the applicant lodged an appeal with the Reviewing Authority against the Asylum Service’s decision.

On 12 September 2008 the decision was upheld and the appeal dismissed.

The Reviewing Authority in its decision observed that the applicant in his application had claimed that he had left Syria because of the conditions of living and human rights violations of Kurds. In his interview he also claimed that he had left as the authorities had taken a photo of him during a demonstration of the Azadi party in 2001 and if he returned he would be imprisoned as this is normally the case. The applicant was not able to give a more specific time frame for the demonstration The Reviewing Authority noted that the applicant had not had any problems with the authorities following that demonstration. At the same time he had claimed that he worked on and off in Lebanon for a period of two years and occasionally returned to Syria without any problems. He alleged that only on one occasion did the authorities force him and some friends to break up a meeting for Nowruz. The applicant’s account of facts and claims were full of discrepancies and unsubstantiated, undermining his credibility.

The applicant submitted that he did not lodge a recourse against this decision as he was advised by a lawyer that it would be a waste of time and effort as the Supreme Court dismissed all such cases.

It appears that the applicant’s wife also applied for asylum. Her application was rejected on 24 July 2008 and her appeal on 25 September 2008. She was then asked, in a letter dated 23 June 2009 sent by the Civil Registry and Migration Department, to proceed to all necessary arrangements so as to depart from the territory of the Republic of Cyprus at once.

On 27 August 2009 she was put on the authorities’ “stop-list”.

The applicant, who is a Syrian national of Kurdish origin, was born in 1981 in Syria. He is married and has a child.

In his application form to the Court the applicant stated that on 12 March 2004 during the events at the football match in Qamishli, he got scared and left the town. He went to his home village, Amer Capi, where he stayed for seven months. When the situation improved he returned to Qamishli. On 1 June 2005 the civil police killed a prominent Kurdish religious leader. During the demonstration at the mosque the police officers took pictures of the demonstrators and two days later went to the applicant’s house searching for him. On 14 June 2005 the applicant left Syria. He travelled from Qamishli to Aleppo and then obtained a visa after bribing someone to issue a visa for Turkey.

The applicant entered Cyprus illegally on 16 June 2005 after travelling from Turkey.

He applied for asylum in June or July 2005. He claimed that he had left Syria legally in order to find work.

The Asylum Service held an interview with him on 1 August 2008.

His application was dismissed on 23 October 2008 on the ground that he did not fulfil the requirements of the Refugee Law of 2000-2007 and the 1951 Geneva Convention (see paragraph 20 above). The Asylum Service considered that there was no possibility of the applicant being subjected to inhuman or degrading treatment if returned to Syria. It noted that the applicant, during the interview, had claimed that he had left Syria because he was wanted by the Syrian authorities for participating in an illegal demonstration. His allegations, however, were unfounded and not credible, as during the interview his account of facts was full of discrepancies, contradictions and untruths. Furthermore, there were discrepancies between his written application form and the allegations made during the interview. In particular, the grounds he gave in his interview for leaving Syria where not the same as those he had given in his application. This undermined his overall credibility.

The applicant claims that he was not informed of the decision and in August 2009 he asked a non-governmental organisation to follow up his case. It was then that he discovered that his application had been dismissed.

In the meantime it appears that his temporary residence permit granted to him on the ground that he was an asylum seeker expired.

On 3 December 2009 the applicant lodged an appeal with the Reviewing Authority against the Asylum Service’s decision.

On 3 March 2010 his appeal was dismissed under Section 28 F (2) of the Refugee Law 2000-2009 (as amended up to 2009) on the ground that it had been filed out of time. The Reviewing Authority observed that the letter informing the applicant of the dismissal of his asylum application dated 23 October 2008 was served through a private messenger and that the delivery slip was signed by his fellow lodger. It noted that on 10 August 2009 a letter had been sent by a non-governmental organisation requesting information about the stage of proceedings of the applicant’s application. A letter was sent dated 17 August 2009 informing the NGO that the applicant’s claim had been examined, the decision had been sent to the applicant by registered post and according to the file it had been received. The appeal deadline was twenty days from the date the applicant was notified of the decision on the basis of section 28 F (2) of the Refugee Law (see paragraph 237 below). The appeal was filed on 9 December 2009, more than thirteen months following the date he had been notified of the decision.

The Government submitted that a letter was sent on 19 March 2010 informing him of this decision by double registered mail to the address given by the applicant. The letter had been returned. They provided a copy of the receipt on which it was noted “unclaimed”.

The applicant did not lodge a recourse against the Reviewing Authority’s decision.

The Government submitted a copy of a letter dated 27 May 2010 which the Civil Registry and Migration Department had addressed to the applicant, informing him that following the negative decision of the Reviewing Authority he was requested to proceed to all necessary arrangements so as to depart from the territory of the Republic of Cyprus at once.

On 17 May 2010 the Yekiti Party and other Kurds from Syria organised a demonstration in Nicosia, near the Representation of the European Commission, the Ministry of Labour and Social Insurance and the Government Printing Office. They were protesting against the restrictive policies of the Cypriot Asylum Service in granting international protection. About 150 Kurds from Syria, including the applicants, remained in the area around the clock, having set up about eighty tents on the pavement. According to the Government, the encampment conditions were unsanitary and protesters were obstructing road and pedestrian traffic. The encampment had become a hazard to public health and created a public nuisance. The protesters performed their daily chores on the pavement, including cooking and washing in unsanitary conditions. The sewage pits had overflown, causing a nuisance and offensive odours. The public lavatories were dirty and the rubbish bins of the Government buildings were being used and, as a result, were continuously overflowing. Furthermore, the protesters were unlawfully obtaining electricity from the Printing Office. Members of the public who lived or worked in the area had complained to the authorities. The Government submitted that efforts had been made by the authorities to persuade the protesters to leave, but to no avail. As a result, the authorities had decided to take action to remove the protesters from the area.

On 28 May 2010 instructions were given by the Minister of the Interior to proceed with the deportation of Syrian-Kurdish failed asylum seekers in the normal way. According to the Government these instructions superseded the ones given by the Minister of the Interior on 9 February 2010 (see paragraphs 22, 43 and 96 above).

On 31 May 2010 the Minister requested the Chief of Police, among others, to take action in order to implement his instructions. Further, he endorsed suggestions made by the competent authorities that deportation and detention orders be issued against Syrian-Kurdish failed asylum seekers who had passports and did not have Ajanib or Maktoumeen status and that the police execute the orders starting with the ones issued against the leaders of the protesters. The police were also directed to take into account the policy guidelines and to use discreet methods of arrest.

According to the Government, letters were sent by the Civil Registry and Migration Department to a number of failed Syrian-Kurdish asylum-seekers informing them that they had to make arrangements to leave Cyprus in view of their asylum applications being turned down (see M.A. v. Cyprus, no. 41872/10, § 32, ECHR 2013 (extracts)). The letter sent to H.Sw. was dated 27 May 2010, in thirteen cases, including those of H.S., A.T., M.S, A. Hu, H.H. and M.Y the letters were dated 1 June 2010, in respect of AM, the letter was dated 9 June 2010 and in respect of M.K., the letter was dated 28 June 2010. Another letter was dated 16 June 2010 (the asylum procedures having been completed in early 2008) and one letter was dated 5 February 2011 in a case where the asylum procedure had been completed on 22 April 2010 and the person in question had voluntarily agreed and did return to Syria on 24 September 2010. Letters had been sent out to the remaining applicants much earlier (see paragraphs 42, 74, 109 and 134 above).

From documents submitted by the Government it appears that from 31 May until 7 June 2010 the authorities kept the area under surveillance and kept a record of the protesters’ daily activities and of all comings and goings. In the relevant records it is noted that invariably, between 1.30 a.m. and 5.30 a.m., things were, in general, quiet, and everyone was sleeping apart from those keeping guard. During the above-mentioned period a large-scale operation was organised by the Police Emergency Response Unit, “ERU” (“ΜΜΑΔ”), and a number of other authorities, including the Police Aliens and Immigration Unit, for the removal of the protesters and their transfer to the ERU headquarters for the purpose of ascertaining their status on a case-by-case basis.

In the meantime, between 28 May 2010 and 2 June 2010 orders for the detention and deportation of forty-five failed asylum seekers were issued following background checks. These included applicants A.T., F.T. and H.H. in respect of whom the orders were issued on 2 June 2010 pursuant to section 14 (6) of the Aliens and Immigration Law on the ground that they were “prohibited immigrants” within the meaning of section 6(1)(k) of that Law. Letters were sent by the District Aliens and Immigration Branch of the Nicosia Police to the Director of the Aliens and Immigration Service and the Ministry of Justice and Public Order, containing a short paragraph with information as to the immigration status of each person. This information included the date of rejection of the asylum application or the closure of the asylum file by the Asylum Service, the date of dismissal of the appeal by the Reviewing Authority, where lodged, and the date some of those concerned had been included on the authorities’ “stop list” (a register of individuals whose entry into and exit from Cyprus is banned or subject to monitoring). The letters recommended the issuance of deportation and detention orders. The Government submitted copies of two such letters with information concerning thirteen people.

The letter that included information on F.T. and another four of the persons detained stated that they all appeared to lead the political group, YEKITI, which was active in Cyprus and that they organised demonstrations complaining about their rights in Cyprus. It was considered that if the opportunity was given to them to organise themselves they could constitute a future threat to the security of Cyprus.

On 2 June 2010, letters were also prepared in English by the Civil Registry and Migration Department informing those concerned of the decision to detain and deport them. These included applicants A.T.., F.T. and H.H. The Government submitted that, at the time, the authorities did not know whether the individuals concerned by the decisions were among the protesters.

The removal operation was carried out on 11 June 2010, between approximately 3 a.m. and 5 a.m. with the participation of about 250 officers from the Police Aliens and Immigration Unit, the ERU, the Nicosia District Police Division, the Traffic Division, the Fire Service and the Office for Combating Discrimination of the Cyprus Police Headquarters. The protesters, including the applicants, were led to buses, apparently without any reaction or resistance on their part. At 3.22 a.m. the mini buses carrying the male protesters left. The women, children and babies followed at 3.35 a.m. A total of 149 people were located at the place of protest and were transferred to the ERU headquarters: eighty-seven men, twenty-two women and forty children. Upon arrival, registration took place and the status of each person was examined using computers which had been specially installed the day before. The Government submitted that during this period the protesters had not been handcuffed or put in cells but had been assembled in rooms and given food and drink. It appears from the documents submitted by the Government that by 6.40 a.m. the identification of approximately half of the group had been completed and that the whole operation had ended by 4.30 p.m. The applicants do not contest the Government’s account.

It was ascertained that seventy-six of the adults, along with their thirty children, were in the Republic unlawfully. Their asylum applications had either been dismissed or their files closed for failure to attend interviews. Those who had appealed to the Reviewing Authority had had their appeals dismissed. Some final decisions dated back to 2006. A number of people had also been included on the authorities’ “stop list”. Deportation orders had already been issued for twenty-three of them (see paragraph 34 above).

The authorities deported twenty-two people on the same day at around 6.30 p.m. (nineteen adults and three children). Forty-four people (forty-two men and two women), including the applicants, were arrested. Applicants A.T., F.T.. and H.H were detained under the deportation and detention orders that had been issued on 2 June 2010 (see paragraph 181 above). The remaining applicants were charged with the criminal offence of unlawful stay in the Republic under section 19(2) of the Aliens and Immigration Law (see M.A., cited above, § 65). The applicants, along with the other detainees, were transferred to various detention centres in Cyprus. H.S., A.T., F.T., and M.S. were placed in the Limassol Police Station Detention Facility; A.M. in the Larnaca Police Station Detention facility; M.J. and H.Sw. in the Paphos Police station Detention facility; A.Hu., H.H., A.Ab., I.K. and M.Y. in the immigration detention facilities in the Nicosia Central Prisons (Block 10); M.K. in the Paralimni Police Station Detention facility and H.M. in the Xilofagou Police Station Facility. All those detained who were found to be legally resident in the Republic returned to their homes. Further, on humanitarian grounds, thirteen women whose husbands were detained pending deportation and who had a total of twenty-seven children between them were not arrested themselves. This included M.Y’s wife (see paragraphs 159-160 above).

According to the Government, the applicants and their co-detainees were informed orally that they had been arrested and detained on the basis that they had been staying in the Republic unlawfully and were thus “prohibited immigrants” (see M.A., cited above, § 62). They were also informed of their rights pursuant to the Rights of Persons Arrested and Detained Law 2005 (Law no. 163(I)/of 2005) (see M.A., cited above, § 93) and, in particular, of their right to contact by phone, in person and in private, a lawyer of their own choice. The applicants submitted that they had not been informed of the reasons for their arrest and detention on that date.

On the same day letters were sent by the District Aliens and Immigration Branch of the Nicosia Police to the Director of the Aliens and Immigration Service and the Ministry of Justice and Public Order, recommending the issuance of deportation and detention orders. The letters contained a short paragraph in respect of each person with information as to his or her immigration status. This included the date of rejection of the asylum application or the closure of the asylum file by the Asylum Service and the date of dismissal of the appeal by the Reviewing Authority where lodged. Some letters also referred to the date the asylum application had been lodged and the date some of the individuals concerned had been included on the authorities’ “stop list”. The Government submitted copies of letters concerning thirty-seven people (most of these letters referred to groups of people).

Deportation and detention orders were also issued in Greek on the same day in respect of the remaining fifty-three people detained (see paragraph 183 above), including the remaining eleven applicants (see paragraph 179 above), pursuant to section 14 (6) of the Aliens and Immigration Law on the ground that they were “prohibited immigrants” within the meaning of section 6(1)(k) of that Law. These were couched in identical terms. The order issued in respect of A.Ab. also referred to 6(1)(l) of the Law. In respect of one more person the order mentioned sections 6(1)(i) (see M.A., cited above, § 41).

Subsequently, on the same date, letters were prepared in English by the Civil Registry and Migration Department informing all the detainees individually, including the remaining applicants (see paragraph 187 above), of the decision to detain and deport them. The Government submitted thirty-seven copies of these letters, including those addressed to the applicants, the text of which was virtually identical, a standard template having been used.

The text of the letter reads as follows:

“You are hereby informed that you are an illegal immigrant by virtue of paragraph (k). section 1, Article 6 of the Aliens and Immigration law, Chapter 105, as amended until 2009, because you of illegal entry [sic]

Consequently your temporary residence permit/migration permit has been revoked and I have proceeded with the issue of deportation orders and detention orders dated 11th June 2010 against you.

You have the right to be represented before me, or before any other Authority of the Republic and express possible objections against your deportation and seek the services of an interpreter.”

The only differences was that some letters referred to illegal stay rather than illegal entry and that the letters issued earlier referred to 2 June 2010 as the date of issuance of the deportation and detention orders (see paragraph 181 above).

On the copy of the letters to the applicants provided by the Government, there is a handwritten signed note by a police officer stating that the letters were served on the applicants on 18 June 2010 but that they refused to receive and sign for them. The other letters had a similar note or stamp on them with the same date, stating that the person concerned had refused to sign for and/or receive the letter. In a letter dated 7 September 2010 the Government stated that the applicants had been served on 18 June 2010. In their subsequent observations the Government submitted, however, that this was the second attempt to serve the letters, the first attempt having been made on 11 June 2010, that is, the day of the arrest.

The applicants submitted that they had never refused to receive any kind of information in writing. They claimed that it had only been on 14 June 2010 that they had been informed orally that they would be deported to Syria on the same day but that the deportation and detention orders were not served on them on that date or subsequently. They submitted that they had eventually been informed by their lawyer, following the receipt of information submitted by the Government to the Court in the context of the application of Rule 39 of the Rules of Court, that deportation and detention orders had been issued against them.

From the documents submitted by the Government, it appears that at least another fourteen of the detainees were to be deported on 14 June 2010 (this figure is stated in documents submitted by the Government with no further details).

On Saturday, 12 June 2010, the applicants, along with twenty-nine other persons of Kurdish origin, submitted a Rule 39 request in order to prevent their imminent deportation to Syria.

On 14 June 2010 the President of the First Section decided to apply Rule 39, indicating to the respondent Government that the detainees should not be deported to Syria until the Court had had the opportunity to receive and examine all the documents pertaining to their claim. The parties were requested under Rule 54 § 2 (a) of the Rules of Court to submit information and documents concerning the asylum applications and the deportation.

On 21 September 2010 the President of the First Section reconsidered the application of Rule 39 in the light of information provided by the parties. He decided to lift Rule 39 in thirty-nine applications, including the present ones. He decided to maintain the interim measure in respect of five applications (for further details see M.A., cited above, § 58). Rule 39 was subsequently lifted with regard to three of the applications.

Following this decision the applicants who were not covered by Rule 39 were deported to Syria on various dates (see section D below).

The applicant was deported on 14 December 2010.

By a letter dated 27 December 2010 the applicant’s representative informed the Court that she had received information from the Kurdish Organization for the Defence of Human Rights and Public Freedoms in Syria (“DAD”) that the applicant had been arrested and detained in Adra prison in Damascus.

By a letter dated 24 July 2012 the applicant’s representative informed the Court that the applicant was living in the Kurdish area of Northern Iraq.

By a letter dated 27 December 2010 the applicant’s representative informed the Court that she had received information from DAD that the applicant had been arrested and detained in Adra prison in Damascus.

By a letter dated 24 July 2012 the applicant’s representative informed the Court that the applicant was still in Syria.

The applicant was deported on 25 September 2010.

By a letter dated 27 December 2010 the applicant’s representative informed the Court that she had received information from DAD that the applicant upon his arrival in Syria had been requested by the authorities to present himself to the civil police on two different occasions. He had then been arrested in November 2010 and detained in Damascus on unknown grounds.

By a letter dated 5 December 2012 the applicant’s representative informed the Court that on 2 March 2011 the applicant had been sentenced to six months’ imprisonment. Following his release from prison he left Syria and went to Austria.

By a letter dated 27 December 2010 the applicant’s representative informed the Court that she had received information from DAD that upon his return to Syria the applicant had been arrested and detained in Adra prison in Damascus.

By a letter dated 5 December 2012 the applicant’s representative informed the Court that on 2 March 2011 the applicant had been sentenced to six months’ imprisonment. Following his release from prison he left Syria and went to Northern Iraq.

By a letter dated 27 December 2010 the applicant’s representative informed the Court that she had received information from DAD that upon his return to Syria the applicant had been arrested and detained in Adra prison in Damascus for two months.

By a letter dated 5 December 2012 the applicant’s representative informed the Court that the applicant, following his release from prison, had left Syria and gone to Northern Iraq.

By a letter dated 27 December 2010 the applicant’s representative informed the Court that she had received information from DAD that the applicant had been arrested upon his arrival at Damasucs airport.

By a letter dated 24 July 2012 the applicant’s representative informed the Court that the applicant had been detained in Damascus for two days during which he had been interrogated and had revealed that he had sought asylum in Cyprus. He was then taken by the police to Al-Hasakah where he was detained by the civil police for fifteen days. He was detained in a cell measuring 1.6 square meters and he was subjected to torture and ill-treatment. In particular, he was beaten on various parts of his body with wooden sticks. During his detention he was interrogated in relation to his affiliation to political parties. Subsequently he was transferred to Al-Hasakah Central Prison where he was detained for about a month and eight days. After that he was brought before a court in Qamishli without having been informed of the charges brought against him. He was questioned as to his affiliation to political parties. He was then taken back to Al-Hasakah Central Prison. He was subsequently transferred to the Devik Central Prison in his hometown where he was detained for a night and the next day he was taken to court again. He was released after his family bribed officials and he immediately went into hiding. He hid in friends’ and relatives houses and subsequently in a bakery in Damascus, until he could find a way to leave from Syria again. While in Damascus, his cousin informed him that he had received a letter requesting the applicant to present himself at the Aleppo Police. He was told by members of his family that he was still wanted from the military and civil police. After a failed attempt to leave Syria he managed to leave through Northern Iraq. He returned to Cyprus after travelling from Turkey and was in the process of submitting a new asylum application. The applicant stated that he was still wanted by the military police in Syria and that his family was still trying to find out the reason why he was a wanted person.

By a letter dated 5 December 2012 the applicant’s representative informed the Court that the applicant had been arrested and detained upon his arrival in Syria and that on 2 March 2011 he had been sentenced to six months’ imprisonment. Following his release, the applicant left Syria and went to Greece.

By a letter dated 27 December 2010 the applicant’s representative informed the Court that she had received information from DAD that the applicant upon his arrival in Syria had his passport retained by the authorities and had been asked to show up for checks at the civil police on different occasions. His passport was eventually returned to him.

By a letter dated 27 December 2010 the applicant’s representative informed the Court that the applicant had agreed to return voluntarily to Syria on 24 September 2010.

By a letter dated 4 July 2012 the applicant’s representative informed the Court that the applicant had been arrested a week after he returned to Syria and was still detained in Aleppo prison. He had been accused of acting against the Syrian Government while he was in Cyprus and had been sentenced to imprisonment for one year and eight months. She stated in the letter that it was expected that he would be released soon.

By a letter dated 27 December 2010 the applicant’s representative informed the Court that she had received information from the DAD that when the applicant, upon his arrival in Syria, had his passport retained by the authorities and was asked to present himself to the political police on different occasions. After bribing the authorities 1000 United States dollars (USD) he was given back his passport. They authorities put a written warning in his passport that he was forbidden to travel to Greece.

By a letter dated 12 December 2012 the applicant’s representative informed the Court that the applicant had to serve compulsory military service once he returned to Syria. He fled, however, to Northern Iraq, before completing it.

The applicant returned to Syria voluntarily on 1 October 2010. No information has been given as to whether the applicant’s wife and child were eventually deported with him as planned by the authorities.

By a letter dated 5 December 2012 the applicant’s representative informed the Court that according to information she had received from members of the Kurdish community in Cyprus the applicant was living in Aleppo in Syria.

The applicant was deported on 14 December 2010. No information has been given as to whether the applicant’s wife and child were also deported.

By a letter dated 27 December 2010 the applicant’s representative informed the Court that the applicant’s representative informed the Court that she had received information from DAD that the applicant upon his arrival in Syria had been arrested and detained in Adra prison in Damascus.

By a letter dated 24 July 2012 the applicant’s representative informed the Court that the applicant had been detained for six months, during which he had been ill-treated. After his release he remained in Syria.


Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Violation of Article 5 - Right to liberty and security (Article 5-4 - Speediness of review)

Branko Lubarda;Dmitry Dedov;Helena Jäderblom

The applicant was born in 1971 and lives in Arzamas.

In the early hours of 5 June 2005, at about 3 a.m., the police arrested the applicant. In the morning he was interviewed and later taken to the hospital because he broke the window and injured himself. At 6 p.m. the arrest record was drawn up; it gave 6 p.m. as the time of the applicant’s arrest.

On 7 June 2005 the Lukoyanovskiy District Court in the Nizhny Novgorod Region remanded the applicant in custody for an initial twomonth period.

On 8 August 2005 the District Court held a hearing to decide, among other matters, on an extension of the applicant’s detention. The applicant asked for release; counsel for the applicant pointed out that, since the authorised detention period had ended on 5 August 2005, his detention in the following three days had been unlawful. The District Court extended the applicant’s detention, finding that the “preventive measure [should] remain unchanged”.

In the statement of appeal against the District Court’s extension order, the applicant complained that the custodial measure which had already expired could not “remain unchanged”. The appeal was forwarded to the Regional Court only on 8 September 2005.

On 23 September 2005 the Regional Court rejected the appeal in a summary fashion, without addressing the applicant’s arguments.

On 25 January 2006 the District Court extended the applicant’s detention until 25 April 2006, without informing the applicant or his representative about the hearing or giving any reasons for its decision. The applicant filed an appeal on 30 January 2006 which was dismissed by the Regional Court on 31 May 2006.

By judgment of 25 August 2006, as upheld on appeal on 17 October 2006, the applicant was found guilty and given a custodial sentence.


IP-OMEKOM INVALIDSKO PODJETJE D.O.O. v. SLOVENIA

André Potocki;Angelika Nußberger;Ann Power-Forde;Helena Jäderblom;Mark Villiger;Vincent A. De Gaetano

The applicant, Ip-Omekom invalidsko podjetje d.o.o., is a limited company, whose registered office is in Jurovski Dol (“the applicant company”). It was represented before the Court by Mr J. Sladič, a lawyer practising in Ljubljana.

On 6 November 1991, shortly after its declaration of independence in June 1991, the State concluded a contract with M.C., by which the latter allowed the authorities to build State border infrastructure on her property located in Jelšane, on the national border between Slovenia and Croatia. The State paid M.C. compensation and acquired actual possession of the land, but did not institute any legal proceedings in respect of the transfer of ownership. In the same year the State built a parking area for heavy goods vehicles and installed drainage on the relevant plots.

On 28 June 1994 the Convention came into force in respect of Slovenia.

On 12 December 2001 at the applicant company’s request, the Ilirska Bistrica municipality issued a certificate declaring that there was no right of pre-emption over the plots of land subject to the 1991 contract between M.C. and the State. In the certificate the municipality however indicated that it was anticipated that the plots would be included in the location plan for the Jelšane international border crossing.

On 26 March 2002 the applicant company bought the two plots of land subject to the contract between M.C. and the State for 1,300,000 Slovenian tolars (SIT) (approximately 7,600 euros (EUR)). The applicant company intended to use the plots for commercial purposes, namely to install advertising hoardings.

On 8 May 2003 the Government adopted a decision on the location plan for the Jelšane international border crossing (published in the Official Gazette, no. 43/2003). The decision also referred to the two plots bought by the applicant company.

On 26 May and 15 July 2003 the applicant company was invited on behalf of the State to conclude a sale contract in respect of the two plots. The applicant company rejected both offers.

On 20 August 2003 the Joint Services of the Government lodged a request to have expropriation proceedings initiated in respect of the two plots with the Ilirska Bistrica Administrative Unit in accordance with section 97 of the Spatial Management Act 2002.

On 25 August 2003 the Ilirska Bistrica Administrative Unit instituted expropriation proceedings. The applicant company demanded substitute land instead of monetary compensation.

On 13 October 2003 the Ilirska Bistrica Administrative Unit issued a decision using the expedited procedure under section 104 of the Spatial Management Act 2002 and expropriating the applicant company’s two plots. As no agreement had been reached between the parties in respect of compensation, the matter was referred to the civil courts to be dealt with as non-contentious proceedings.

On 28 June 2004 the Ilirska Bistrica Local Court held the first main hearing. Throughout the entire proceedings the applicant company maintained that it wished to be compensated with substitute land.

On 21 April 2008 the court decided to award the applicant company financial compensation, as it had not been possible to find adequate substitute land. The court explained that further negotiations on substitute land would be futile and that in view of the length of the proceedings – during which several hearings were postponed at the request of the applicant company – it would not be reasonable to seek further solutions. It ordered the State to pay the applicant company EUR 107,414 as compensation for the expropriation, comprising EUR 56,202 for the market value of the plots on 24 March 2003 and EUR 51,212 for the value of the infrastructure built by the State authorities before the applicant company had become owner. The court held that the applicant company was not entitled to any compensation for loss of opportunity, as it had never used the property for commercial purposes. The court noted that the applicant company had probably been aware of the contract concluded between the previous owner and the State authorities and might not have purchased the land in good faith. It however dismissed the arguments of the State that these circumstances should be relevant for determining the amount of compensation, as the State authorities had failed to institute any legal proceedings for the transfer of ownership after they had concluded the contract with M.C. in 1991. Both parties appealed.

On 9 December 2008 the Koper Higher Court quashed the decision of 21 April 2008 in so far as it granted to the applicant company compensation for the value of infrastructure built by the State, and remitted the case back to the first-instance court.

On 9 February 2009 the Ilirska Bistrica Local Court decided in the new proceedings that the applicant company was not entitled to compensation for the value of the infrastructure built by the State. The court highlighted the fact that the applicant company had already known at the time of the purchase that the infrastructure was built by the State, and that the State was in possession, not the previous owner. Under these circumstances, compensating the applicant company for the infrastructure would have been contrary to the rules governing good faith. It further described the applicant company’s case as a case of “reverse expropriation”, where the State had first obtained possession of the land and built infrastructure on it and only later had it been shown to be in the public interest and a decision on expropriation issued. According to the local court, “reverse expropriation” could not be considered arbitrary or unlawful. The applicant company appealed.

On 25 August 2009 the Koper Higher Court dismissed the appeal. The applicant company lodged an appeal on points of law, claiming that it should be awarded compensation to correspond not only to the market value of the land, but to the full value of the property, including the value of the infrastructure built by the State.

On 16 September 2010 the Supreme Court dismissed the appeal on points of law and thereby confirmed as compensation the award of EUR 56,202 which represented the market value of the plots. Contrary to the position of the lower courts, the Supreme Court acknowledged that “reverse expropriation” as in the applicant company’s case was not covered by domestic law and was therefore unlawful. In respect of the question of how to determine the appropriate compensation to be awarded in such cases, it noted that domestic legislation and practice did not provide any guidance; it would be insufficient however, to grant the owner only the amount foreseen for lawful expropriations. The Supreme Court therefore considered additional options. The first was awarding additional compensation for the owner’s inability to use the property in the relevant period; the second was giving additional compensation either in the form of an account of profits or default interest; the third was compensating the total value of the property, including the infrastructure built by the State. However, while the above options might be appropriate means of compensation for owners who were dispossessed arbitrarily, they would not be appropriate in respect of the applicant company, which was well aware of the contract concluded between the previous owner and the State in 1991 and that it was in the public interest. In any event, even if the applicant company was not aware of the contract, this would only have consequences for the relationship between the applicant company and M.C. Relying on the Court’s judgment in the case of Guiso-Gallisay v. Italy ((just satisfaction) [GC], no. 58858/00, 22 December 2009) the Supreme Court confirmed that the lower courts’ conclusions that the compensation due to the applicant company was equal to the revised market value of the land at the moment the applicant company could have known that it had lost possession of the property, and no additional compensation for the value of the infrastructure built by the State could be granted. The applicant company lodged a constitutional complaint.

On 12 April 2011 the Constitutional Court dismissed the constitutional complaint.

At the material time the expropriation proceedings were governed by the provisions of the Spatial Management Act 2002 (Official Gazette no. 110/2002).

For an overview of the remedies provided by the Protection of the Right to a Trial without Undue Delay Act 2006 (Official Gazette no. 49/2006 – “the 2006 Act”), see Grzinčič v. Slovenia (no. 26867/02, §§ 38-48, 3 May 2007).


Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect)

Egidijus Kūris;Vincent A. De Gaetano;Gabriele Kucsko-Stadlmayer

The list of applicants and the relevant details of the applications are set out in the appended table.

The applicants complained of the inadequate conditions of their detention.