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The Supreme Constitutional Court of Cyprus has upheld a decision to deny citizenship to a woman born in the Turkish-occupied north of the island, highlighting national security concerns linked to her parentage in a mixed marriage. The woman, whose mother is Turkish Cypriot and father a Turkish national, had applied for Cypriot citizenship based on her descent but was rejected by the Ministry of the Interior.
The court’s decision, which marks the first ruling on cases involving mixed marriages between Turkish Cypriots and Turkish nationals, is seen as a reinforcement of the government’s strict citizenship criteria, which aim to address the island's ongoing political situation.
In its ruling, the court emphasized that the government’s criteria for granting citizenship are based on national security and the protection of the Republic’s interests, particularly given Cyprus’s history of conflict with Turkey. It ruled that the legal framework used by the Ministry of the Interior did not impose arbitrary discrimination against Turkish Cypriots or those born to Turkish parents but, instead, served to safeguard the country from potential threats.
The case dates back to when the applicant, born in the occupied territories of Cyprus, sought to be registered as a Cypriot citizen by descent. However, the Ministry of the Interior rejected her application, citing that one of her parents had entered or stayed in Cyprus illegally, a criterion set out in the government’s citizenship policy.
Despite being placed on a waiting list for future consideration should the criteria change, the applicant chose to challenge the decision in court. She argued that the government’s criteria were discriminatory and violated her rights, especially since they disproportionately affected Turkish Cypriots. She further claimed the decision violated European Union laws on equality and the rights of European citizens.
However, the court rejected these claims, ruling that the government’s policy did not breach the principle of equality or introduce any unlawful discrimination. It pointed to Cyprus’s unique circumstances following the 1974 Turkish invasion and the subsequent division of the island, noting that the legal framework reflects the ongoing political realities that have shaped the country’s policies on citizenship.
The Supreme Court referenced several European Court of Human Rights rulings, including Cyprus v. Turkey (2001) and Loizidou v. Turkey (1996), to justify its decision. The court stated that the criteria for citizenship were designed to protect the Republic’s sovereignty, which was vital given the Turkish occupation of part of the island.
"While Cyprus must adhere to Union law, the government has the sovereign right to decide who qualifies for citizenship," the ruling said. "The measures in place are proportionate to the challenges the country faces due to its history."
Consequently, the applicant's lawyers now have the option to challenge the ruling further, but for now, the court’s decision stands, reinforcing the tight control over citizenship that has been a focal point of Cyprus’s legal framework since the island’s division.
