The Supreme Court rejected a request from an international protection applicant, who had confessed to an Asylum and Immigration Service police officer to the murder of women in 2021 and the commission of criminal acts in his country of origin.
The relevant announcement states: “With reference to the case law of the Court of Justice of the European Union that the detention of an asylum seeker or an applicant for international protection status is permitted only if this is required for the protection of the national security of the State or the need to protect the rights and freedoms of third parties and public order, the Supreme Court rejected a request by an international protection applicant – who had confessed to an Asylum and Immigration Service police officer, to the murder of women in 2021 and the commission of criminal acts in his country of origin as a member of a secret organization.
In the present case, the applicant, who had illegally entered the Government-controlled areas through the occupied territories (territories not controlled by the Republic of Cyprus), requested the issuance of a privileged warrant, citing as an allegation the “unreasonably long period of his detention”, following a detention order issued against him for reasons of security of the Republic of Cyprus as a person dangerous to public order, due to the nature and seriousness of what he himself narrated.
As the Court further indicates: “the applicant’s right to effective judicial protection can only be examined in relation to the protection of the national security of the Republic, and the detention of a person when this is necessary for the protection of national security or public order is a measure appropriate to protect the public from a potential risk posed by the conduct of the person concerned, for as long as the reasons specified apply ”.
In the case at issue, according to the Supreme Court, “it has not been shown that the competent authorities of the Republic are acting in bad faith or have abandoned the purpose for which the applicant is being detained, which is the protection of the public order. Consequently, the applicant has not discharged the burden of proof that the duration of his detention is unreasonable and that it has become unlawful”.
It is noted that the Asylum Service has also excluded the applicant from the refugee status, as he is considered to have committed serious crimes (conspiracy to murder, roaming in a state of intoxication with the aim of committing a felony, premeditated murder, kidnapping or abduction or deprivation of liberty of a person with the aim of premeditated murder, and participation in a criminal organization).
The applicant filed an appeal against the Asylum Service Against, contesting the decision to exclude him from the refugee status, which is pending before the Administrative Court of International Protection. In the meantime, the Administration regularly reviews the applicant’s detention and takes preliminary steps to find a country for his deportation when the case in question becomes final.
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