With 39 votes in favor and nine against—from ELAM and the ALMA Movement—the Plenary Session of the House of Representatives passed the amendment to the Aliens and Immigration Law, which introduces a judicial review procedure to assess the legality of continuing the detention of third-country nationals beyond six months.
The legislative measure aims to harmonize Cypriot legislation with a European directive and to implement a recommendation from the European Commission to the Republic of Cyprus, as part of the action plan for Cyprus’s accession to the Schengen Area.
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Under current law, the detention of third-country nationals may last up to six months, while under specific conditions it may be extended for an additional period of up to 12 months. Under the new regulation, in cases of prolonged detention, judicial review of the legality of continuing the detention will be triggered through a petition for a writ of habeas corpus.
Specifically, the petition will be filed by the director of the Immigration Department, an authorized official of the Department, or an attorney representing him, so that the competent court may examine whether the continuation of detention is justified.
During the plenary debate, Michalis Paraskevas, a Member of Parliament from the ALMA Movement, stated that the Republic of Cyprus is obligated to implement a specific European decision, but he expressed reservations about the way the process was structured.
In particular, Mr. Paraskevas described as paradoxical the fact that the same person, namely the director of the Immigration Department, who is requesting the continuation of detention, would also be the one to file the request for judicial review.
He said he had submitted an amendment to the Parliamentary Committee so that the request would not be filed by the director on behalf of the detainee, wondering why it was not accepted. As he noted, the issue runs counter to European institutions, and Cyprus will have to deal with it.
ELAM MP Linos Ioannis Hatzigeorgiou said that his party will vote against the bill, arguing that the new procedure would facilitate the release of third-country nationals who may be residing illegally in the Republic of Cyprus.
For his part, the Chair of the Committee on Internal Affairs and AKEL MP, Aristos Damianou, stated that the need for the amendment arose from an erroneous provision included in the national legislation on the Migration Pact, which, when identified by the European Union, was acknowledged by the Government as an error that needed to be corrected. She added that there is a relevant European regulation and that, regardless of the amendment, European law takes precedence and will be applied in Cyprus as well.
DISY MP Nikoletta Konstantinou stated that her party would vote in favor of the legislation, noting that compliance with the European acquis is an obligation of the Republic of Cyprus.
At the same time, Ms. Konstantinou emphasized the need for effective implementation of the new procedure, with the necessary administrative and judicial support, in order to avoid delays. She also referred to the need to continue and strengthen effective returns through faster procedures, better coordination among the relevant agencies, and cooperation with third countries.
Source: CNA
