CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 21 juillet 2015

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padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .sEF00D71D { width:16.38%; border-top-style:solid; border-top-width:0.75pt; border-right-style:solid; border-right-width:0.75pt; border-left-style:solid; border-left-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s4EC91B1D { width:31.14%; border-top-style:solid; border-top-width:0.75pt; border-right-style:solid; border-right-width:0.75pt; border-left-style:solid; border-left-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .sD4EF515B { width:29.8%; border-top-style:solid; border-top-width:0.75pt; border-left-style:solid; border-left-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s32563E28 { margin-top:0pt; margin-bottom:0pt }     FOURTH SECTION           CASE OF H.S. AND OTHERS v. CYPRUS   (Application no. 41753/10 and 13 other applications) (See list appended)                     JUDGMENT   STRASBOURG   21 July 2015       FINAL   21/10/2015   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of H.S. and others v. Cyprus, The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:   Guido Raimondi, President,   George Nicolaou,   Ledi Bianku,   Nona Tsotsoria,   Paul Mahoney,   Krzysztof Wojtyczek,   Yonko Grozev, judges, and Françoise Elens-Passos, Section Registrar, Having deliberated in private on 30 June 2015, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in fourteen applications (nos.   41753/10, 41786/10, 41793/10, 41794/10, 41796/10, 41799/10, 41807/10, 41811/10, 41812/10, 41815/10, 41820/10, 41824/10, 41919/10 and 41921/10) against the Republic of Cyprus lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by twelve Syrian nationals of Kurdish origin and two Ajanib (registered stateless) Kurds of Syria (“the applicants”), on 14 June 2010 (see details in the Appendix). 2.     The applicants were represented by Ms N. Charalambidou, a lawyer practising in Nicosia. The Cypriot Government (“the Government”) were represented by their Agent at their time, Mr P. Clerides, Attorney-General of the Republic of Cyprus. 3.     The applicants alleged that their deportation to Syria would entail the risk of being subjected to treatment in breach of Article 3. In this respect they also complained of the lack of a remedy satisfying the requirements of Article   13 of the Convention. Further, the applicants complained under Article 5 §§   1   (f), 2 and 4 of the Convention about their detention by the Cypriot authorities. Lastly, they claimed that their deportation would be in breach of Article 4 of Protocol No. 4. 4.     On 14 June 2010 the President of the First Section decided to apply Rule 39 of the Rules of Court, indicating to the respondent Government that the applicants should not be deported to Syria. The applications were granted priority on the same date (Rule 41). On 21 September 2010 the President of the First Section, following an examination of all the information received from the parties, decided to lift the interim measure (see paragraph 195 below). 5.     On 19 January 2011 the President of the First Section decided to communicate the complaints under Article 5 §§   1   (f), 2 and 4 of the Convention and Article 4 of Protocol No. 4. It was also decided to rule on the admissibility and merits of the application at the same time (Article   29 §   1). 6.     On 25 August 2011 the Court changed the composition of its Sections (Rule 25 § 1 of the Rules of Court) and the applications were assigned to the newly composed Fourth Section. 7.     On 30 November 2012 the President of the Fourth Section decided on her own motion to grant the applicants anonymity (Rule 47 § 3 of the Rules of Court). THE FACTS I.     THE CIRCUMSTANCES OF THE CASE A.     The applicants’ asylum claims and all relevant proceedings 1.     Application no. 41753/10 - H.S v. Cyprus 8.     The applicant, who is a Syrian national of Kurdish origin, was born in   1982 in Syria. 9.     In his application form to the Court the applicant stated that following the events in Qamishli in March 2004 (see paragraph 242 above; paragraph   3.13 of the United Kingdom Border Agency’s Country of Origin Information Report on Syria) he had participated in demonstrations that took place at his university. He was arrested in July the same year by the civil police and was detained for four days. During this period he was ill-treated and his health was adversely affected by the physical violence he was subjected to. The applicant was arrested again in March 2005 for three days and once again subjected to physical violence. Following his release, he was not able to find any employment as his police file remained open. He also submitted that he had not served compulsory military service. 10.     The applicant left Syria on 10 February 2006 and entered Cyprus illegally on 5 March 2006 after travelling from Turkey. He submitted that he secured a visa for Turkey after bribing officials. 11.     He applied for asylum in Cyprus on 12 March 2006. 12.     The Asylum Service discontinued the examination of his application and closed his file on 29 August 2007 by virtue of section 16A (1) (a) of the Refugee Law of 2000-2004 (as amended up to 2004; Law no. 6(I)/2000; see paragraphs 236 below and M.A.   v. Cyprus , no. 41872/10, § 74, ECHR 2013 (extracts)) as the applicant had not complied with the obligation deriving from section 8 of that Law, according to which, in the event of a change of address, the applicant had to inform the Asylum Service either directly or through the local Aliens and Immigration Police Department, within three days (see paragraph 236 below). According to the note in his file the applicant had not attended the interview arranged for 6 July 2007. In the note it is stated that a letter had been sent to him on 7 June 2007 by the Asylum Service requesting him to attend the interview. The applicant, however, had not received this letter as he had changed address in the meantime without notifying the authorities. Furthermore, it had not been possible to make telephone contact with him as he had given a wrong number. 13.     The applicant did not lodge an appeal with the Reviewing Authority for Refugees (hereafter “the Reviewing Authority”). 14.     The applicant submitted that he never received a letter asking him to attend an interview nor had he received notification of the decision of the Asylum Service to close his file so as to be able to appeal against it. 2.     Application no. 41786/10 - A.T. v. Cyprus 15.     The applicant, who is a Syrian national of Kurdish origin, was born in 1985 in Syria. 16.     The applicant left Syria on 25 September 2008 and entered Cyprus illegally on 12 November 2008 after travelling from Turkey. 17.     In his application form to the Court the applicant stated that he had left Syria because he had been harassed and ill-treated by the Syria Security Police due to his origin and his connections to the Yekiti party. He stated that he had left Syria illegally. 18.     The applicant applied for asylum in Cyprus on 13 November 2008. In his application for asylum, the applicant claimed that he had left Syria for two reasons. First of all, he had been beaten up by members of the Security Forces as he had complained about having to repair their cars at his car repair garage without payment. Secondly, his business had suffered setbacks by rising oil prices. He stated that he had left Syria legally. 19.     The Asylum Service held an interview with him on 15 May 2009. In his interview the applicant claimed that he had been arrested and beaten up by the Security Forces on a number of occasions in connection with their demands to have their cars repaired for free and that the Head of the Security Forces had threatened to imprison him for a very long period. He also claimed that after he had left Syria he had found out that the Security Forces as well as the Syrian authorities were looking for him on the pretext that he had participated in the Qamishli events in 2004. He therefore faced imprisonment if he returned to Syria. 20.     His application was dismissed on 29 May 2009 on the ground that he did not fulfil the requirements of the Refugee Law of 2000-2007 (as amended up to 2007), and the 1951 Geneva Convention relating to the Status of Refugees (hereafter “the 1951 Geneva Convention”) in that he had not shown that he had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular group or political opinion or a well-founded fear of serious and unjustified harm for other reasons. The Asylum Service considered that there was no possibility of the applicant being subjected to inhuman or degrading treatment if returned to Syria. The Asylum Service noted that there had been significant discrepancies and inaccuracies in his account of the facts on which his allegations of persecution were based. It held that the applicant’s allegations had been unfounded and had not been credible. 21.     On 9 July 2009 the applicant lodged an appeal with the Reviewing Authority against the Asylum Service’s decision. 22.     In the copies of the records of the Civil Registry and Migration Department it was noted on 3 March 2010 that in accordance with instructions given by Minister of the Interior on 9 February 2010, if the applicant was traced, the possibility of granting him a special residence permit should be examined before deporting him. Deportation should take place only if the applicant was involved in illegal activities. 23.     On 23 April 2010 the Asylum Service’s decision was upheld and the appeal dismissed. 24.     The Reviewing Authority pointed to contradictions in the applicant’s claims and held, having regard to all the information and evidence available, that they were unsubstantiated. It noted that the applicant had given two different reasons for which the Head of Security Forces had allegedly threated him with imprisonment. Furthermore, although he initially claimed that the Security forces and the authorities were falsely accusing him of participating in the Qamishli events, he then stated that he had actually participated but was not able to give accurate information concerning these events. Furthermore, the events complained of had happened in 2004 whereas he had left Syria legally in 2008 and he did not allege that during this period he was persecuted by the authorities because of his alleged participation. He was also able to leave Syria legally. The Reviewing Authority further stressed that his claims concerning ill-treatment were incoherent and that the applicant had not been able to describe in any detail the treatment he had been allegedly subjected to. Lastly, in reply to the applicant’s claims before it that he had been subjected to persecution because of his Kurdish origin, the Reviewing Authority observed that the applicant had not applied for asylum on this basis. In any event, it stressed that there was no indication that he had been subjected to any kind of discrimination on the ground of his origin. 25.     The Reviewing Authority concluded by observing that the applicant had not established that he was at risk of persecution if he returned to Syria. Nor did he satisfy the conditions for temporary residence on humanitarian grounds. 26.     The applicant submitted that he did not receive the decision of the Reviewing Authority but had only heard that his asylum file had been closed. He was therefore not able to appeal. 27.     The Government submitted that a letter was sent on 10 May 2010 by double registered mail (registered mail with proof of delivery) to the address given by the applicant. The letter had been returned. They provided a copy of the receipt on which it was noted “insufficient address.” 3.     Application no. 41793/10 – F.T. v. Cyprus 28.     The applicant, who is a Syrian national of Kurdish origin, was born in 1972 in Syria. 29.     In his application form to the Court the applicant submitted that he had converted to Christianity. In 2003 he was detained by the Syrian police and was accused of organising a church congregation (organising people for church). During his detention, which lasted two days, he was tortured by police officers. He did not confess that he had changed religion but told them that he had been going to church to give music lessons. He was arrested again on 12 March 2004 and detained for five days during which he was subjected to torture. After he was released he was told that he would be contacted again. For this reason he started travelling around Syria but never staying in places where too many Kurds lived. 30.     The applicant left Syria on an unspecified date in 2005. Although he had left legally, he had bribed a police officer at the border to let him go through. The applicant entered Cyprus illegally after travelling from Turkey. 31.     He applied for asylum in Cyprus on 11 May 2005. 32.     Following an interview on an unspecified date, his application was dismissed on 16 August 2008 on the ground that he did not fulfil the requirements of the Refugee Law of 2000-2005 (as amended up to 2005; see paragraph 20 above). The Asylum Service held that the applicant’s claims and his alleged fear of persecution on return to Syria were not credible. It noted in this respect that the applicant had been able to obtain a passport lawfully and to leave Syria, that there had been discrepancies between his asylum application and his interview, concerning the grounds for which he had alleged left Syria, and that the applicant lacked basic knowledge of the Christian religion. 33.     On 12 September 2006 the applicant lodged an appeal with the Reviewing Authority against the Asylum Service’s decision. 34.     It appears that on 17 October 2006 the applicant applied for a temporary residence permit. 35.     On 20 March 2007 the decision was upheld and the appeal dismissed. 36.     The Reviewing Authority, referring to the Asylum Service’s decision, held that there had been discrepancies in the applicant’s account of the facts and reasons for his departure from Syria which undermined his credibility. The Reviewing Authority noted, inter alia , that although the applicant had claimed that he had left Syria because he had been persecuted by the Security Forces he had been able to obtain a passport lawfully and to leave the country. The applicant had also stated in his interview that he had not faced any difficulties going through passport control as he did not have any problems with the Syrian authorities. Moreover, although the applicant alleged that he had been persecuted and harassed for participating in Kurdish festivities, when requested he did not give any details concerning the alleged persecution. To the extent that the applicant claimed that he had been detained twice following the Qamishli events, the Reviewing Authority observed that the applicant had been released without conditions and had never been charged with any offence. Lastly, the applicant in his interview had claimed that he had converted to Christianity while in Syria in 2002 and that he had left Syria for this reason. He had not, however, mentioned this in his application form on which it was stated that he was a Muslim. In any event, the applicant lacked basic knowledge of the Christian religion and had not been baptised. 37.     The Reviewing Authority concluded that the applicant had not established that he was at risk of persecution if he returned to Syria. Nor did he satisfy the conditions for temporary residence on humanitarian grounds. 38.     On 25 April 2007 the applicant was put on a stop-list but it was noted that he was not to be deported until further instructions were received from the Ministry of Interior. 39.     The applicant did not lodge a recourse against the Reviewing Authority’s decision. He submitted that this was because of the costs of such proceedings and also due to the fact that he was subsequently given a temporary residence permit by the authorities (see paragraph 40 below). 40.     On 6 July 2007, the Minister of Interior, following a meeting with the Cyprus-Kurdish Friendship Association on 5 July 2007, decided to grant the applicant a temporary residence permit for one year on the condition that he found a local employer who had authorisation to employ third country nationals. The applicant submitted that he was not able to find such an employer and that the Labour Office was not willing to approve a contract with other employers. 41.     Following the expiry of his permit the applicant remained irregularly in Cyprus. 42.     The Government submitted a copy of a letter dated 11 March 2009 which the Civil Registry and Migration Department had addressed to the applicant, informing him that following the negative decision of the Reviewing Authority, his application of 17 October 2006 for a residence permit (see paragraph 34 above) had been rejected and that he was requested to proceed to all necessary arrangements so as to depart from the territory of the Republic of Cyprus at once. 43.     In the copies of the records of the Civil Registry and Migration Department it was noted on 3 March 2010 that in accordance with instructions given by the Minister of the Interior on 9 February 2010, if the applicant was traced, the possibility of granting him a special residence permit should be examined before deporting him. Deportation should take place only if the applicant was involved in illegal activities. 4. Application no. 41794/10 – A.M. v. Cyprus 44.     The applicant is an Ajanib (registered stateless) Kurd born in 1978 in Syria. 45.     In his application form to the Court the applicant stated that he was a musician and as he was stateless he was unable to get a licence in Syria in order to practise his profession. Furthermore, a decree by the Governor of Al-Hasakah province in 1988 reportedly prohibited the singing of non-Arabic songs at wedding or festivals (Order No. 1865/sad/24; Human Rights Watch, Syria: The Silenced Kurds , 1 October 1996, E804, page 28). The applicant feared that he would be subjected to arbitrary detention and possibly torture because he was singing Kurdish songs. 46.     For this reason he left Syria illegally on 20 January 2007 and entered Cyprus illegally on 28 January 2007 after travelling from Turkey. 47.     He applied for asylum on 1 February 2007. 48.     The Asylum Service held an interview with him on 9 March 2009. In his interview the applicant alleged, firstly, that his human rights had been violated as he was an Ajanib Kurd; in particular, his rights to education, work and property. Secondly, the applicant stated that he did not want his children to be Ajanib. Thirdly, he claimed that   he would be imprisoned if he returned to Syria, as he had left the country illegally. He, however, stated that he had never been arrested and detained, harassed or persecuted by the Syrian authorities. 49.     His application was dismissed on 17 March 2009 on the ground that he did not fulfil the requirements of the Refugee Law of 2000-2007 (see paragraph 20 above). In particular, the Asylum Service held that the mere fact that the applicant was an Ajanib Kurd from the Al-Hasakah area did not mean that the applicant was in danger of persecution. In particular, the Asylum Service held that the applicant could not claim to be in danger of persecution and entitled to refugee status simply by reason of being an Ajanib Kurd from the Al-Hasakah area. Furthermore, it considered that there was no possibility of the applicant being subjected to inhuman or degrading treatment if he returned to Syria. 50.     On 30 March 2009 the applicant lodged an appeal with the Reviewing Authority against the Asylum Service’s decision. 51.     It appears from the documents submitted by the Government that, on 25 August 2009, the applicant was put on the authorities’ “stop list”. 52.     On 31 December 2009 the Reviewing Authority upheld the Asylum Service’s decision and dismissed the appeal. 53.     The Reviewing Authority stressed, inter alia, that Ajanib Kurds were not persecuted on the basis of their ethnicity when they were not involved in anti-regime activities. The applicant had neither alleged that he had been harassed by the Syrian authorities nor that he had been persecuted by them. Furthermore, the Reviewing Authority observed that unless a person was an opponent of the regime, there was no real risk that leaving Syria illegally would result in persecution on their return. It also noted that according to its own research, Ajanib Kurds were entitled to, among other things, work in the public and private sector, receive an education and register their property. Furthermore, the applicant had given a document which belonged to his father and on which his personal details and family situation were registered such as births, death and divorce. The applicant could thus register his children under his name. Lastly, the applicant’s claim that he could not work as a musician did not constitute persecution or discrimination. 54.     The Reviewing Authority concluded by observing that the applicant had not established that he was at risk of persecution if he returned to Syria. Nor did he satisfy the conditions for temporary residence on humanitarian grounds. 55.     The applicant submitted that he did not lodge a recourse against this decision as he could not afford to do so. 56.     The applicant submitted an attestation from the “Civata Demokratik a Kurd” (“CDK”) in Cyprus dated 26 March 2009 stating that he was a compatriot and participated in the movement of the Kurdish peoples for national and human rights and that he was also a member of the party in Cyprus. It stated that, as many other Kurds and being a stateless Kurd, the applicant was deprived of his rights and had no identity card. He was therefore not able to obtain a licence to work as a musician and that if he was returned to Syria he would be subjected to long term imprisonment, torture and ill treatment. 5.     Application no. 41796/10 –M.S. v. Cyprus 57.     The applicant is an Ajanib (registered stateless) Kurd born in 1982 in Syria. 58.     In his application form to the Court the applicant stated that he was a member of the Yekiti party in Syria and that he was involved in the Qamishli events. Following these events he was too scared to return to his village which had been closed for three months. During that period many people from his village were arrested and tortured by the authorities. Some disappeared. He decided to leave Syria as he was a stateless Kurd and given his political involvement in the Yekiti party and the Qamishli events. 59.     The applicant left Syria illegally on 30 November 2006 and entered Cyprus illegally on 1 December 2006 after travelling from Turkey. 60.     He applied for asylum on 18 December 2006. 61.     The Asylum Service, however, discontinued the examination of his application and closed his file on 6 September 2007 by virtue of sections 8 and 16A (1) (a) of the Refugee Law of 2000-2007 as the applicant had not informed the Asylum Service or the local Aliens and Immigration Police Branch of his change of address (see paragraph 236 below). It was noted in the file that the Asylum Service had received a letter dated 19 March 2007 from the Nicosia District Immigration Office informing them that the applicant had not showed up at their offices within reasonable time and remained illegally in Cyprus. On 26 March 2007 he was put on the authorities’ “stop-list” as a wanted person. Subsequently, by letter dated 4   July 2007 the applicant was asked to attend an interview at the Asylum Service on 22 August 2007. The applicant did not show up and the authorities had not been able to locate him. The letter was returned by the postal service with a note that the applicant had moved. It had not been possible to make telephone contact as he had given a wrong number. 62.     On 10 June 2008 the applicant lodged an appeal with the Reviewing Authority which was dismissed on 3 September 2008. The Reviewing Authority observed that the appeal concerned the applicant’s asylum claim and its substance and not the decision of the Asylum Service to close the file. As the substance of his claim had not been examined his appeal should have been directed against the decision to discontinue the examination of his application and not the merits of his case. 63.     The applicant submitted that the Asylum Service had never called on him to attend an interview and that he had informed the Immigration Police about his change of address. He had only found out later from his lawyer that his file had been closed because he had not attended the interview. (He submitted an affidavit to this effect dated 24 November 2009 he made at the Paphos District Court.) 6.     Application no. 41799/10 – M.J. v. Cyprus 64.     The applicant, who is a Syrian national of Kurdish origin, was born in 1982 in Syria. 65.     In his application form to the Court the applicant claimed that on   8   March 2005, some police officials approached him while he was working in his field. A fight ensued when the officers wanted to take his fingerprints and he resisted. He beat up one of the officers and managed to escape. He went into hiding as the Syrian police were looking for him. 66.     He then left Syria on 25 August 2005 and entered Cyprus illegally on 29 August 2005 after travelling from Turkey. 67.     He applied for asylum on 30 August 2005. 68.     The Asylum Service held an interview with him on 26 June 2008. 69.     His application was dismissed on 10 July 2008 on the ground that he did not fulfil the requirements of the Refugee Law of 2000-2007 and the   1951 Geneva Convention (see paragraph 20 above). The Asylum Service considered that there was no possibility of the applicant being subjected to inhuman or degrading treatment if returned to Syria. It observed in this respect that it transpired during the interview that the applicant had left Syria for financial reasons. Furthermore, to the extent that the applicant alleged that if returned to Syria he would be arrested, convicted and sentenced to long-term imprisonment because he had lodged an asylum application, this was unfounded. On the basis of the information before it, the Syrian authorities did not persecute persons just because they had applied for asylum. 70.     On 25 July 2008 the applicant lodged an appeal with the Reviewing Authority against the Asylum Service’s decision. 71.     On 26 January 2009 the decision was upheld and the appeal dismissed. 72.     The Reviewing Authority observed that in his application form the applicant claimed that he had left Syria because of fear following the Qamishli events. In his interview with the Asylum Service, however, he claimed that he had left Syria for financial reasons and that although he had taken part in the Qamishli events and had been arrested, arrests had been a general phenomenon and this had not been the reason he had left Syria. In his appeal he stated that he had left for financial and political reasons. He had not however, substantiated that he would be subjected to prosecution on political grounds. The applicant was not involved in any political parties and did not carry out any anti-regime activities. Lastly, it found that the applicant’s allegation that he ran the risk of being imprisoned if returned to Syria because the authorities knew he had sought asylum was also unfounded as, on the basis of the information before it, the Syrian authorities did not persecute failed asylum seekers upon their return unless they were opponents of the regime. 73.     The applicant submitted that he did not lodge a recourse against this decision as he could not afford to do so. 74.     The Government submitted a copy of a letter dated 5 May 2009 which the Civil Registry and Migration Department had addressed to the applicant, informing him that following the negative decision of the Reviewing Authority and the expiry of his temporary residence permit, he was requested to proceed to all necessary arrangements so as to depart from the territory of the Republic of Cyprus at once. 75.     On 29 May 2009 the applicant was put on the authorities’ “stop list”. 76.     The applicant submitted that the Syrian authorities were still looking for him. 7.     Application no. 41807/10 – A.Hu. v. Cyprus 77.     The applicant, who is a Syrian national of Kurdish origin, was born in 1984 in Syria. 78.     In his application form to the Court the applicant claims that on 20   March 2005, while he was serving in the Syrian army, he was arrested and taken into detention by the Syrian authorities along with other Kurds because of Nowruz (the Iranian New Year, Nowruz or Newroz marks the first day of spring or Equinox and the beginning of the year in the Persian calendar ). He was tortured for ten days along with his co-detainees. They were put into a car tyre and were subjected to bastinado. They were accused of conspiring against the State. Military proceedings were brought against him but after completion of his military service the charges were dropped. During this time the military police collected information on him and his friends and he was entered on a database as a dangerous individual. He was arrested again on 21 March 2006 because he attended the Nowruz celebrations and was a member of Yekiti party. He was detained for a week and was released after bribing the District Officer. He was then re-arrested on 15 August 2006 at his house after attending a Yekiti party meeting. He was released after bribing the same official. He then decided to leave Syria and managed to obtain a Turkish visa after bribing a Syrian security official working at the Turkish embassy. 79.     The applicant left Syria in August 2006 and entered Cyprus illegally after travelling from Turkey. 80.     He applied for asylum on 25 August 2006. He claimed that he had left Syria because as a Kurd he had been subjected to discrimination. Kurds were persecuted and did not enjoy any rights. He had therefore left for fear of his life. 81.     The Asylum Service held an interview with him on 27 February 2009. The applicant claimed, inter alia , that he was a follower/supporter of the Yekiti Party, he had left Syria due to the injustice that Kurds suffered, and in particular, although he had a passport he had no other rights and he could not buy a house or land or work. He claimed that he was known to the Syrian authorities and he had been taken at the police station and beaten up on several occasions. He had been arrested and detained on a number of occasions. In particular, in 2005 he had been arrested and detained for four or five days for participating in the Nowruz festivities. He had been arrested on another occasion for problems he had in the army. In May 2006 he was detained for a week and in August 2006 for four days. The latter two times he had been released after paying a sum of money. He also stated that he was not wanted by the authorities and no other member of his family had ever been arrested. He claimed that he feared arrest if returned to Syria. 82.     Subsequently, the Asylum Service called the applicant for a second interview and asked him to provide any documents he had concerning his application. The second interview was held on 10 April 2009. In this the applicant claimed, inter alia , that certain members of his family worked and that although the job market was not good, he would be able to work if he managed to find something. The applicant stated that he had been arrested on 20/21 March 2005 when he was in the army following a dispute with another soldier on 21 March 2006 for participating in the Nowruz festivities, and on 25 May 2006 and 2   August 2008 when demonstrations took place even though he was not involved. He was not, however, wanted by the authorities nor did he have any problems by reason of the fact that he was a follower of the Yekiti party. 83.     His application was dismissed on 13 May 2009 on the ground that he did not fulfil the requirements of the Refugee Law of 2000-2007 (see paragraph 20 above). The Asylum Service considered that there was no possibility of the applicant being subjected to inhuman or degrading treatment if returned to Syria. It therefore held that his asylum application had not been substantiated. In particular, the Asylum Service pointed out that during his interview he had claimed that he had left Syria for two reasons: because of his Kurdish origin he could not work and buy a house or land and secondly due to his arrests by the Syrian authorities. With regard to the first claim, they noted that he had not substantiated that he had been subjected to any form of discrimination due to his origin. As regards the arrests the applicant’s allegations remained unfounded as he had not given any specific answers to questions that had been put to him. Furthermore, during the interview the Asylum Service had spotted a number of significant untruths/falsehoods concerning his claim. 84.     On 3 June 2009 the applicant lodged an appeal with the Reviewing Authority against the Asylum Service’s decision. 85.     On 28 April 2010 the decision was upheld and the appeal dismissed. 86.     The Reviewing Authority observed that the applicant had not been subjected to persecution and had claimed that he was not wanted by the Syrian authorities. In its decision it observed that the applicant’s claims had not been credible and had been vague and unsubstantiated. Although he claimed that he could not buy a house or land, he then stated that his parents owned a house which they lived in. Further, although he initially claimed that he could not work due to the fact that he was Kurdish he then stated that his family worked and he also was able to. The information he gave concerning his arrest and reasons was equally general and vague. He was not in a position to give specific replies to questions given concerning these matters. The Reviewing Authority observed that the applicant had not been able to reply satisfactorily and with precision to certain questions and give information concerning his claims. 87.     In conclusion, the Reviewing Authority held that the applicant had not established that he was at risk of persecution if he returned to Syria. Nor did he satisfy the conditions for temporary residence on humanitarian grounds. 88.     The applicant submitted that he did not lodge a recourse against this decision as he could not afford to do so and at that time no legal aid was granted in such cases. 8.     Application no. 41811/10 – H.H. v. Cyprus 89.     The applicant, who is a Syrian national of Kurdish origin, was born in 1979 in Syria. 90.     In his application form to the Court the applicant claimed that he and his family are members of the Azadi Kurdish party in Syria which was banned by the authorities. In early September 2006 the applicant was driving his motorbike in his village carrying Azadi party papers. The civil police in Aleppo ordered him to stop but he fled as he was scared that they would find the papers. The police pursued him but he managed to escape. The next day the police went to his house. The same day he got a visa on his passport. 91.     The applicant left Syria on 19 September 2006 and entered Cyprus illegally on 23 September 2006 after travelling from Turkey. 92.     He applied for asylum on 26 September 2006. 93.     The Asylum Service, however, discontinued the examination of his application and closed his file on 3 April 2009 by virtue of section 16A (1) (c) of the Refugee Law of 2000-2007 (see paragraph 236 below) as the applicant had not come to the interview which had been fixed for 27 March 2009 despite having received the letter requesting him to attend. It was noted in the file that the letter had been sent to him by double registered mail and there was indication he had received it. It was also noted that the applicant, on 19 March 2009, had confirmed on the telephone after receiving a call by the Asylum Service that he would come to the interview. Despite this he had not shown up. Lastly, there was no indication that the applicant had departed from the country. 94.     The applicant did not lodge an appeal with the Reviewing Authority. 95.     The applicant submitted that he never received a letter asking him to attend an interview and that he had not received notification of the decision of the Asylum Service to close his file. He was subsequently informed of the closure of his file but he did not appeal against the decision as he did not know the procedure to follow and the steps to take so he could appeal against it. He was also scared to approach the authorities. 96.     In the copies of the records of the Civil Registry and Migration Department it was noted on 3 March 2010 that in accordance with the instructions of the Minister of the Interior given on 9 February 2010, if the applicant was traced, the possibility of granting him a special residence permit should be examined before deporting him. Deportation should take place only if the applicant was involved in illegal activities. 97.     The applicant submitted that the Syrian police were still looking for him. 9.     Application no. 41812/10 – A.Ab. v. Cyprus 98.     The applicant, who is a Syrian national of Kurdish origin, was born in 1979 in Syria. 99.   In his application form to the Court the applicant stated that on 13   March 2004 he participated in a demonstration in his village concerning the Qamishli uprising. He had a camera and was taking photographs of the event when the civil police arrested him. He was blindfolded, placed in a police vehicle and transferred to the central detention centre of the village. There he was continuously tortured and ill-treated for one month. After his release, he was obliged to report to the police every two days. On 2 January 2005, nine months after his release, the applicant decided to leave Syria as he was no longer able to handle the feeling of insecurity. He applied to get a passport from the authorities but this was refused. He succeeded in getting one after bribing officials. 100.     The applicant left Syria on 14 March 2005 and entered Cyprus illegally travelling from Turkey. 101.     He applied for asylum on 30 March 2005. 102.     The Asylum Service held an interview with him on 12 June 2008. 103.     His application was dismissed on 8 July 2008 on the ground that he did not fulfil the requirements of the Refugee Law of 2000-2007 (see paragraph 20 above). The Asylum Service considered that there was no possibility of the applicant being subjected to inhuman or degrading treatment if returned to Syria. It noted that no form of discrimination or persecution transpired from the applicant’s claims. There had been discrepancies between his application and the allegations made during his interview, which undermined his credibility. It held that the applicant’s claims and his alleged fear of persecution on return to Syria were not credible. 104.     On 21 July 2008 the applicant lodged an appeal with the Reviewing Authority against the Asylum Service’s decision. 105.     On 29 September 2008 the decision was upheld and the appeal dismissed. 106.     The Reviewing Authority noted that there were serious discrepancies between what he stated in his asylum application form and during his interview. For example, in his application he stated that he had left Syria because he was Kurdish and he had problems with the Syrian authorities. During the interview he had alleged that he had not left Syria for political reasons but because his family had reached an agreement with another family to marry against his wishes. The applicant had also claimed that he had to move about in the country in order to avoid being caught by the authorities but then stated that he did not face any serious problems. Further, he initially claimed during the interview that even though he had signed his application form he did not know the contents as this had been filled in by another person. He subsequently, stated, however, that the contents were of a political nature and that he had told the person filling in the form to write whatever he wanted. This undermined the applicant’s credibility. 107.     The Reviewing Authority concluded that the applicant had not established that he was at risk of persecution if he returned to Syria. Nor did he satisfy the conditions for temporary residence on humanitarian grounds. The letter of notification addressed to the applicant by the Reviewing Authority dated 29   September 2008 stated that its decision was subject to adjudication before the Supreme Court within seventy-five days from the date he was informed of the decision. 108.     The applicant submitted that he did not lodge a recourse against the Reviewing Authority’s decision as he did not know he had the right to do so. 109.     The Government submitted a copy of a letter dated 24 March 2009 which the Civil Registry and Migration Department had addressed to the applicant, informing him that following the negative decision of the Reviewing Authority as well as the expiry of his temporary residence permit, he was requested to proceed to all necessary arrangements so as to depart from the territory of the Republic of Cyprus at once. 110.     On 10 August 2009 the applicant was put on the authorities’ “stop- list”. 10.     Application no. 41815/10 – M.K. v. Cyprus 111.     The applicant, who is a Syrian national of Kurdish origin, was born in 1985 in Syria. 112.     In his application form to the Court the applicant claimed that on 20   March 2007 he lit a fire with some friends to celebrate Nowruz. When the police came he managed to flee but his friends were arrested. He later found out from his family that the police were looking for him. He left Syria on 29 September 2007 through the borde