ECHR hands down mixed decision on Cyprus

The European Court of Human Rights ruled on Tuesday that Cyprus did not violate the freedom of three men who were deported in 2011, while the decision criticised the Republic for denying them a speedy inquiry as to the legality of their detention.

The applicants, 43-year-old Don Uditha Niroshana Kahadawa Arachchige, 39-year-old Dehiwalage Shehan Fernando, and 37-year-old Dushan Aruna Shanthi Budda Koralage, are all Sri Lankan nationals who were residing in Cyprus legally.

They were deported by Cyprus government officials in January 2011 after being arrested and held on remand for taking part in clashes with a group of other Sri Lankans in Nicosia.

The three men denied taking part in the disturbance.

Kahadawa Arachchige and Koralage were held in detention for five days before being deported while Fernando was held for seven days.

They later made a series of allegations against the Republic, including a violation of their right to liberty and security as well as the right to have the lawfulness of detention decided speedily by a court during their pre-deportation detention.

Kahadawa Arachchige also alleged a violation of his right to private and family life as well as complained that he was wrongfully deported while his wife and child were still in Cyprus.

The ECHR ruled that no rights to freedom were violated as provided in Article 5 par 1 but it did side with the plaintiffs on the point that their pre-deportation detention was not conducted in manner in accordance with Article 5 par 4.

The plaintiffs did not seek any damages.