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Supreme Court: It ruled illegal the 18-month detention of Syros for deportation – He asked to be released…

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Ανоτατο: Eκριν ερνονκρηΣρυ πρσ αση ναθε /></p> <p> In a recent decision, the Supreme Court, acting as a first-instance jurisdiction, considered as “well-founded” and “justified” Syros' application for a privileged writ of Habeas Corpus ad Dubjiciendum </p> <p>A privileged writ was issued by the Supreme Court for Syros on who was detained for 18 months for deportation on national security grounds and ordered released after the administration allegedly failed to document his detention for so long.</p> <p>In a recent decision, the Supreme Court, acting as a first-instance jurisdiction, considered as “substantial” and “justified” an application by Syros for a privileged writ of Habeas Corpus ad Dubjiciendum.</p> <p>The position of the applicant, it is reported, was that the duration of his detention, “has become unjustified and illegal, and therefore requests the Supreme Court to issue the specific warrant, since the competent authorities of the Republic of Cyprus are not taking any substantial action for his deportation”.</p> <p>The applicant, who is originally from Syria, reportedly continued to be detained as of 23 January 2023, the date on which he served a two-year prison sentence imposed by the District Court of Limassol, for the commission of a criminal offence, in which he was found guilty, on January 17, of the same year, in a charge related to “attending training for the commission of terrorist offenses between an unknown date and until 3.1.2021”.</p> <p>It is noted that the applicant entered Cyprus in February 2017, and submitted an application for international protection, and was granted the status of supplementary protection in July 2018, while later, he received a residence permit, which was valid until October 2020.</p> <p>When the decision to grant supplementary protection status was revoked in January 2021, following his application to renew his residence permit, he filed an application for annulment with the Administrative Court of International Protection. “More than three years after the registration of the application for annulment, it was justified, since the Administrative Court of International Protection, by decision of 3.7.2024 decided that “the claim put forward by the applicant's lawyer regarding the violation of the applicant's right to be heard by the competent body succeeds”, the decision states.</p> <p>The Court notes that the preliminary objection on the part of attorney of the Attorney General was unfounded and rejected.</p> <p>Deprivation of liberty, states the decision, “should have the shortest possible duration and exist at all times the removal process is advanced with due diligence.” It is added that the length of time the applicant continues to be in custody, “more than eighteen months, is long”.</p> <p>It is also noted that during all this time that he was in custody “no attempt was made to deport him, even though he himself claims that in the past he wished to be deported not to his country of origin but to another country”.</p> <p>It is also stated that the prolonged inaction on the part of the competent authorities to arrange for the issuance of travel documents, without which the applicant does not appear to be able to leave Cyprus, cannot justify his prolonged detention.</p > <p>The Court also states that in his country “it does not seem possible at this stage to deport him”, while it has not been seen what actions the competent authorities had taken to help him fulfill his wish, when the applicant had in 2021 expressed the desire to leave Cyprus voluntarily for Turkey or Iraq, “a desire which he seems to have subsequently revoked”.</p> <p>The Court also notes that the position of the authorities that the applicant is responsible for the delay in the adjudication of the Application for Annulment, it does not agree. He notes that the applicant “had every right” to register the Application for Annulment and to proceed legally with any procedural steps in relation to it, “and he cannot be held responsible, and indeed to justify the deprivation of his freedom, for the fact that the court decision was issued more than three years after the registration of the Application for Annulment”. After all, it is stated, “the obligation of the Courts to ensure the finality of a dispute within a reasonable time, according to article 30 of the Constitution, is a given”.</p> <p>It is also noted that, given the intention of the competent authorities of the Republic of Cyprus to deport the applicant from the country, since they consider him a person dangerous to national security and public order, regardless of whether he enjoys international protection or not, “it does not appear that they have undertaken in any action to promote or prevent his deportation, pending his detention”.</p> <p>“The administration had an obligation to document, 18 months later, that the applicant should continue to be detained, exceptionally, for reasons of national security and public order,” the decision states, “which I find he failed to do,” it noted. On the contrary, it is added, a balancing of the rights of the State and the applicant, leads to the issuance of the requested warrant.</p> <p>The Court considered the application to be “well-founded, justified” and approved it, issuing the requested Privileged Warrant and ordered as follows the competent authorities of the Republic of Cyprus “immediately release the applicant”.</p> <p><noindex></p> <div class=Source: politis.com.cy

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