In a recent ruling by the European Court of Human Rights (ECtHR), Cyprus has been found in violation of the European Convention on Human Rights due to its prevention of two Syrian refugees from seeking asylum on its territory. This decision highlights critical concerns about the treatment of asylum seekers at Europe’s borders.
The ECtHR unanimously decided that Cyprus violated several provisions of the European Convention, namely Article 3, which prohibits torture and degrading treatment; Article 4, Protocol 4, which addresses the collective expulsion of non-nationals; and Article 13, which ensures the right to an effective remedy. The court has, therefore, ordered the Cyprian government to compensate the affected Syrian nationals, referred to in court documents as M.A. and Z.R., with €50,000.
The individuals involved, who fled Syria and reached Lebanon, faced insurmountable obstacles in claiming asylum due to Lebanon’s treatment of refugees. The pair subsequently attempted to reach Europe, crossing the Mediterranean Sea by boat. Upon reaching Cyprian waters, they were reportedly detained at sea by Cyprian authorities for two days and eventually deported back to Lebanon, where they were then detained.
The court based its decision on undisputed facts and evidence, including submissions from rights organizations. A particular report by Human Rights Watch provided detailed accounts of systemic mistreatment of refugees in Cyprus. The ECtHR determined that the cases represented a breach of the non-refoulement principle, as the migrants were expelled without individual assessments.
The Cyprian government’s argument that Lebanon constitutes a ‘safe third country’ was dismissed by the court. Highlighting a significant aspect of international obligations, the court reiterated that bilateral agreements cannot be used by states to shirk their responsibilities under international law, referencing the case of Hirsi Jamaa and Others v. Italy.
There has been continued criticism of both Lebanon and Cyprus for their treatment of refugees and the rights of these individuals to seek asylum, emphasizing the broader human rights challenges posed by migration across the Mediterranean.