Nicosia, Cyprus. The Supreme Court on Tuesday ordered the immediate release of a Turkish national of Kurdish origin who had been held in detention since March of last year for deportation purposes. The court ruled his 11-month detention was prolonged, unjustified and without any realistic prospect of removal.
Court finding on lawfulness of detention
In its decision, the court ruled that the length of detention, combined with the authorities’ actions, rendered the continued deprivation of liberty unlawful.
International protection proceedings
The applicant had been detained pending deportation, while his application for international protection was rejected on October 31, 2025. He subsequently filed an appeal with the administrative court of international protection on December 9, with instructions scheduled for May 22, 2026.
Jurisdiction dispute
The court recorded that the applicant believed his continued detention had become illegal, unjustified, and abusive. It rejected arguments by attorney-general Georgios Savvides that the court lacked jurisdiction due to the pending appeal, stressing that it could determine whether detention had become unlawful regardless of parallel administrative proceedings.
Scope of the complaint
“The applicant is not requesting that his detention or deportation orders be declared null and void,” the decision states. “His complaint is that the length of his detention, together with the general actions of the administration, renders his detention illegal.”
Prospects of removal to Turkey
The court accepted the applicant’s position that deportation to Turkey was in practice extremely difficult, if not impossible, citing his individual circumstances, unresolved administrative and diplomatic arrangements, as well as the absence of travel documents.
Authorities’ position
Although the authorities claimed they continued efforts to persuade the applicant to consent to deportation, the court was unequivocal.
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