H.S. AND OTHERS v. CYPRUS JUDGMENT
1
In the case of H.S. and others v. Cyprus,
The European Court of Human Rights (Fourth Section), sitting as a
Chamber composed of:
Guido Raimondi, President,
George Nicolaou,
Ledi Bianku,
Nona Tsotsoria,
Paul Mahoney,
Krzysztof Wojtyczek,
Yonko Grozev, judges,
and Françoise Elens-Passos, Section Registrar,
Having deliberated in private on 30 June 2015,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in fourteen applications (nos. 41753/10,
41786/10, 41793/10, 41794/10, 41796/10, 41799/10, 41807/10, 41811/10,
41812/10, 41815/10, 41820/10, 41824/10, 41919/10 and 41921/10) against
the Republic of Cyprus lodged with the Court under Article 34 of the
Convention for the Protection of Human Rights and Fundamental Freedoms
(“the Convention”) by twelve Syrian nationals of Kurdish origin and two
Ajanib (registered stateless) Kurds of Syria (“the applicants”), on 14 June
2010 (see details in the Appendix).
2. The applicants were represented by Ms N. Charalambidou, a lawyer
practising in Nicosia. The Cypriot Government (“the Government”) were
represented by their Agent at their time, Mr P. Clerides, Attorney-General
of the Republic of Cyprus.
3. The applicants alleged that their deportation to Syria would entail the
risk of being subjected to treatment in breach of Article 3. In this respect
they also complained of the lack of a remedy satisfying the requirements of
Article 13 of the Convention. Further, the applicants complained under
Article 5 §§ 1 (f), 2 and 4 of the Convention about their detention by the
Cypriot authorities. Lastly, they claimed that their deportation would be in
breach of Article 4 of Protocol No. 4.
4. On 14 June 2010 the President of the First Section decided to apply
Rule 39 of the Rules of Court, indicating to the respondent Government that
the applicants should not be deported to Syria. The applications were
granted priority on the same date (Rule 41). On 21 September 2010 the
President of the First Section, following an examination of all the
information received from the parties, decided to lift the interim measure
(see paragraph 195 below).