Europe Court Condemns Cyprus Over Return of Syrian Refugees to Lebanon

The headquarters of the European Court of Human Rights (ECHR)/ Reuters
The headquarters of the European Court of Human Rights (ECHR)/ Reuters
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Europe Court Condemns Cyprus Over Return of Syrian Refugees to Lebanon

The headquarters of the European Court of Human Rights (ECHR)/ Reuters
The headquarters of the European Court of Human Rights (ECHR)/ Reuters

The European Court of Human Rights (ECHR) on Tuesday condemned Cyprus for returning to Lebanon two Syrian refugees who had arrived on a small boat, without examining their asylum claim.

According to AFP, the pair, born in 1983, fled the Syrian city of Idlib and the civil war in their home country in 2016, staying in refugee camps in Lebanon.

On September 6, 2020, they boarded a boat for Cyprus, along with a group of approximately 30 Syrian and Lebanese people including
unaccompanied minors.
The following day, on arrival in the territorial waters of Cyprus, their boat was intercepted by the Cypriot coastguard.

Cypriot maritime authorities said the boat passengers had entered Cypriot territorial waters without permission and swiftly returned them to Lebanon where they still remain.

The two Syrians referred to the ECHR, underling that they were returned at the border without individual identification or procedure.

In response to their application, the European court issued a verdict on Tuesday stating that Cyprus had violated Article 3 of ECHR and the UN Refugee convention.

Also, it said collective expulsions of migrants are prohibited under Article 4 of Protocol 4 to the ECHR and as such, cannot be tolerated.

The Cypriot authorities had essentially returned the pair to Lebanon “without processing their asylum claims and without all the steps required under the refugee law,” said the verdict.

Cyprus failed to conduct “any assessment of the risk of lack of access to an effective asylum process in Lebanon or the living conditions of asylum-seekers there,” it added.

The court ordered Cyprus to pay each applicant 22,000 euros ($24,150) for damages and another 4,700 euros ($5,160) jointly for costs and expenses.



Cairo May Request Extradition of Qaradawi’s Son from Abu Dhabi

Umayyad Square in Damascus (Reuters)
Umayyad Square in Damascus (Reuters)
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Cairo May Request Extradition of Qaradawi’s Son from Abu Dhabi

Umayyad Square in Damascus (Reuters)
Umayyad Square in Damascus (Reuters)

As Lebanese authorities proceed with the deportation of Egyptian activist Abdel Rahman al-Qaradawi, the son of the late cleric Yusuf al-Qaradawi, to the United Arab Emirates, an Egyptian source involved in the case told Asharq Al-Awsat that Cairo plans to formally request his extradition from Abu Dhabi once he arrives there.

Controversy has surrounded the case since Lebanon announced that the government had approved the deportation of Qaradawi to the UAE instead of Egypt, where he holds citizenship.

Former Lebanese Foreign Minister Adnan Mansour explained to Asharq Al-Awsat that citizenship is not an obstacle in extradition cases between countries, saying that a state may decide to extradite a person to another country even if they hold the nationality of a third state, as in the case of Qaradawi’s son.

According to Lebanese sources, the decision to extradite Qaradawi to the UAE is based on a warrant issued by the Council of Arab Interior Ministers. As a member of the council, Lebanon is obligated to comply with the UAE’s request, despite the absence of a direct bilateral extradition agreement between the two countries.

Additionally, the extradition decision was influenced by the fact that the charges against Qaradawi are criminal, not political, as political charges would prevent extradition and instead warrant protection under international conventions.

An Egyptian judicial source told Asharq Al-Awsat that the International Cooperation Office of Egypt’s Public Prosecutor had prepared a comprehensive file containing all rulings issued against Qaradawi to ensure that the extradition request met all legal requirements. This file was sent to Lebanese judicial authorities through official channels. However, Egypt has yet to receive a response from Lebanon, though one is expected in the coming days.

Dr. Mohammed Mahmoud Mehran, a member of the American and European societies for international law, told Asharq Al-Awsat that international law generally allows extradition when the individual is either a citizen of the requesting state, has committed a crime on its territory, or when the requesting state has a direct legal interest in the case.

As Qaradawi is an Egyptian citizen, Egypt “has the legal right to request his extradition under international law and bilateral agreements, provided all legal conditions are met,” Mehran said.

Meanwhile, Qaradawi’s lawyer, Mohammed Sablouh, confirmed plans to file an urgent appeal in Lebanese courts to prevent his client’s extradition, according to Reuters. Mehran explained that extradition laws grant the individual the right to appeal in court, while the requesting states also have the right to challenge decisions.

Mehran suggested that if Qaradawi is ultimately handed over to the UAE, it is highly likely he will later be extradited to Egypt after procedural requirements in the Emirates are fulfilled. This is due to the strong bilateral relations and close security coordination between Egypt and the UAE.

Abdel Rahman al-Qaradawi, who holds dual Egyptian and Turkish citizenship, was arrested in Lebanon on December 28 after returning from Syria. His arrest followed an Interpol red notice issued based on an in absentia ruling by an Egyptian court sentencing him to five years in prison for spreading false news, inciting violence, and terrorism. Before his arrest, Qaradawi appeared in a video filmed at the Umayyad Mosque in Damascus, where he made remarks considered offensive to both Egypt and the UAE.