ECHR rules Cyprus violated asylum seeker’s right to liberty over prolonged national security detention
The European Court of Human Rights (ECHR) has ruled that Cyprus violated the right to liberty of a Moroccan asylum seeker by detaining him for 13½ months on national security grounds without sufficient justification. Identified as K.A., the applicant was held at Menoyia detention centre from January 2019 to February 2020, with the court finding his detention was disproportionate and not closely linked to preventing unauthorized entry into Cyprus.
The ECHR noted that the evidence supporting national security suspicions remained unchanged throughout his confinement and that Cypriot authorities made no significant progress in his asylum proceedings. K.A. was initially recognised as a refugee but had his status revoked due to security concerns. Despite multiple legal challenges, no new evidence or expedited procedures were carried out, leading to the court’s conclusion that the detention period exceeded what was reasonably required.
The court awarded K.A. €5,000 in non-pecuniary damages but rejected his claim regarding withheld confidential evidence affecting his ability to contest detention. Following release, K.A. remains in the Larnaca district with his challenge to the asylum rejection still pending. The judgment represents a significant ruling on the balance between national security and individual liberty under the European Convention on Human Rights.
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