CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 8 octobre 2024

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font-family:Arial; display:inline-block } .s1E019DFF { width:46.56pt; font-family:Arial; display:inline-block } .sA49AD2E4 { width:177.11pt; font-family:Arial; display:inline-block } .fixListIndent { list-style-position: inside } THIRD SECTION CASE OF M.A. AND Z.R. v. CYPRUS (Application no. 39090/20)   JUDGMENT Art 3 (procedural) • Expulsion • Summary return of Syrians to Lebanon after their interception at sea, in Cypriot territorial waters, without processing their asylum claims or taking the steps required under domestic law • Domestic authorities’ failure to conduct prior to removal an assessment of the risk of lack of access to an effective asylum procedure in Lebanon, the living conditions of asylum-seekers there and the risk of refoulement . Art 4 P4 • Prohibition of collective expulsion of aliens • Removal of applicants and their forced return to Lebanon constituting “expulsion” of a collective nature • Lack of any records specific to each migrant, interview transcripts or forms required under the Bilateral Agreement with Lebanon • No information as to whether the applicants were informed of their rights or how to challenge the removal decision • Lack of access to legal advice • Absence of written individual removal decisions not attributable to the applicants’ own conduct Art 13 (+ Art 3 and Art 4 P4) • Lack of effective domestic remedy with automatic suspensive effect Art 3 (substantive) • Applicants kept at sea on board their wooden boat for two days without being allowed to disembark • Allegations regarding the inadequate provision of food and water, exposure to the heat and lack of access to hygiene facilities not rebutted by the Government • In case-circumstances conditions amounted to degrading treatment   Prepared by the Registry. Does not bind the Court.   STRASBOURG 8 October 2024 FINAL   08/01/2025   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of M.A. and Z.R. v. Cyprus, The European Court of Human Rights (Third Section), sitting as a Chamber composed of:   Pere Pastor Vilanova , President ,   Georgios A. Serghides,   Darian Pavli,   Peeter Roosma,   Ioannis Ktistakis,   Andreas Zünd,   Oddný Mjöll Arnardóttir , judges , and Milan Blaško, Section Registrar, Having regard to: the application (no.   39090/20) 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 two Syrian nationals, Mr M.A. and Mr Z.R. (“the applicants”), on 7 September 2020; the decision to give notice to the Cypriot Government (“the Government”) of the complaints concerning Articles 3, 5 §§ 1 and 4, and 13 of the Convention, as well as Article 4 of Protocol No. 4 to the Convention; the decision not to have the applicants’ names disclosed; the observations submitted by the respondent Government and the observations in reply submitted by the applicants; the comments submitted by the non-governmental organisations (NGOs) EuroMed Rights, KISA and the Human Rights Centre at Ghent University which were granted leave to intervene by the President of the Section; Having deliberated in private on 10 September 2024, Delivers the following judgment, which was adopted on that date: INTRODUCTION 1.     The case concerns alleged violations of Articles 3, 5 and 13 of the Convention and of Article 4 of Protocol No. 4 to the Convention on account of the Syrian applicants’ interception at sea by the Cypriot authorities and their summary return to Lebanon. THE FACTS 2.     The applicants are Syrian nationals who were born in 1983 in Idlib. Information dating from 20 January 2023 indicated that they were then living in Lebanon. The applicants were represented by Ms N. Charalambidou, a lawyer practising in Nicosia. 3.     The Government were represented by their Agent, Mr G. L. Savvides, Attorney General of the Republic of Cyprus. 4.     The facts are disputed. The parties’ accounts are as follows.         THE APPLICANTS’ ACCOUNT OF EVENTS 5.     The applicants are cousins. On 1 January 2016 they fled Idlib, Syria, because of the war, the targeting of civilians and the destruction of their homes and went to Lebanon. The first applicant was followed by his family, while the second applicant’s family remained in Syria and intended to join him only after he had reached and settled at a safe country with good living conditions. 6.     In Lebanon the applicants were accommodated in camps run by the Office of the United Nations High Commissioner for Refugees (the UNHCR) where the living conditions were highly unsatisfactory, with no access to healthcare and no prospect of obtaining employment as they had no documentation, and they were not entitled to basic rights. Throughout their stay in Lebanon, they were afraid of being returned to Syria as Lebanon had started removing Syrians following a popular outcry against refugees. The situation worsened following an explosion in Beirut on 4   August 2020. 7.     The applicants decided to seek asylum in Cyprus, where the first applicant’s brother was already living and had sought international protection. The applicants paid 2,500 United States dollars (USD) each to a smuggler to take them to Cyprus. 8.     On 6 September 2020 the applicants boarded a boat for Cyprus, along with a group of approximately thirty Syrian and Lebanese people including unaccompanied minors. 9 .     On 7 September 2020 on arrival in the territorial waters of the Republic of Cyprus, their boat was intercepted by the Cypriot coastguard. There was a Syrian person on their boat who spoke Greek and an interpreter on the coastguard’s boat. The applicants were provided with some food at that point, but they were not allowed to proceed with their journey. The interpreter, having asked them where they came from, told them that no one would be allowed to enter Cyprus and that they should return to Lebanon, or the police would escort them and take them back. At that point, the applicants informed the interpreter that they wished to apply for asylum, explaining that they were Syrians, their house had been destroyed in the war and that they had children and families to take care of. The interpreter explained that there was a new law in Cyprus under which refugees were not allowed to disembark. The applicants said that everyone on the boat had informed the interpreter that they could not go back to Lebanon. Nobody asked the applicants about the reasons they wanted to go to Cyprus or why they could not return to Lebanon. Even when they shouted that they wanted asylum, they were ignored. At that point, the applicants managed to communicate with their relatives in Cyprus and informed them that they had not been allowed to enter Cyprus. The only reaction of the authorities had been to take their identity cards. 10.     On 8 September 2020 the applicants were tricked into thinking that they would be led ashore. Instead, they were forced to board another boat, on which there were police officers and other migrants who had also tried to enter Cyprus by boat and were also being returned to Lebanon. 11.     On their arrival in Lebanon, they were handed over to the Lebanese police, who arrested and interrogated them and then let them go. 12.     The applicants continue to live in Lebanon, where they are both registered with the UNHCR. The first applicant’s residence permit expired on 13 May 2021 while the second applicant’s residence permit expired on 2   August 2020. Following their removal from Cyprus to Lebanon they were unable to renew their residence permits because their documents had been withheld by the General Security Office, they had been unable to find a sponsor (such as an employer or college) and they lacked the means to pay USD 200 for the renewal of their residence permits.       THE GOVERNMENT’S ACCOUNT OF EVENTS 13 .     The applicants, who are Syrian nationals, were part of a group of about thirty individuals, including unaccompanied minors, who left Lebanon aboard a wooden boat with the aim of reaching Cyprus. 14 .     In the early hours of 5 September 2020, when the boat was ten nautical miles from the southeast coast of Cyprus, the Port and Marine Police, who were on board the inflatable Astrapi 32, intercepted the applicants’ boat. A person on the applicants’ boat who spoke Greek informed the police that the persons on board had left Lebanon for Cyprus on 3   September 2020. The police responded that the passengers would not be allowed to disembark but provided them with the water, dry food and thermal protection equipment that was available on the Astrapi 3 2. 15 .     On 6 September 2020 at 10.20 a.m. members of the Port and Marine Police and Arabic interpreters approached the applicants’ boat and gave them food. Food and water were provided twice a day. A member of the Aliens and Immigration Police, M.S., interviewed the people on the boat with the assistance of an interpreter, R.G. The migrants informed M.S. that they were going to Cyprus to find work because living conditions in Lebanon were hard. None of the persons on board had expressed a wish to seek asylum in Cyprus and they did not react when the interpreter explained that they might be returned to Lebanon. 16 .     On 7 September 2020 members of the Port and Marine Police gave the applicants and the other boat passengers food and water and, in the presence of a nurse, took the measures necessary to protect life on board. Those in need of medical treatment were transferred to Famagusta General Hospital and were returned to the boat following examination. 17 .     On the same day, the police performed a background check on the persons on the wooden boat and it appeared that none of them was on the list of those who were prohibited from entering Cyprus for security reasons. It was further ascertained that none of the persons on board had any sort of permit or other legal documents allowing them to enter Cyprus. Their return to Lebanon was therefore decided on the basis of a bilateral agreement between the two countries (see paragraph 30 below). 18 .     Throughout this time, a larger coast patrol vessel, Onisillos, remained in the area to ensure the safety of the boat, monitor the health of the migrants, provide them with food and water and prevent them from entering the territorial waters of the Republic of Cyprus. 19 .     On 8 September 2020 the Republic of Cyprus chartered a ship, the Salone, under the Cypriot flag to transfer the occupants of the intercepted boat to Lebanon. At 11.30 a.m. the Cypriot ship approached the applicants’ boat along with police officers, interpreters, and nurses. The migrants voluntarily entered the Cypriot ship. They were provided with food, water, face masks and antiseptic ointments. Their personal details, including travel documents, names, identity cards, and nationalities, were registered and they were each asked again, one by one, whether they wished to apply for asylum, but they all replied in the negative. The journey to Lebanon lasted twelve hours. The Salone was equipped with food, water, baby milk, nappies, and cleaning material. To ensure the safety of the persons on board, the Cypriot ship was accompanied by another coastal patrol vessel. 20 .     On their return to the port of Lebanon, the applicants were handed over to the Lebanese authorities and the UNHCR, in the presence of medical officers.     REQUEST TO STOP THE APPLICANTS’ RETURN TO LEBANON 21 .     On the evening of 7 September 2020, the Court received a request under Rule 39 of the Rules of Court from Mrs Nicoletta Charalambidou, the lawyer currently representing the applicants, informing the Court that relatives of the applicants, who had managed to contact them briefly and only once at 2 p.m. (Cyprus time) that day because the mobile phone signal was very weak at sea had told her that the Cypriot authorities were refusing them entry to Cyprus and had informed them that they would be returned to Lebanon. The Court was asked to apply interim measures asking the Government not to return the applicants to Lebanon as that would be contrary to international refugee law because it would constitute returning them to a country where they might be “refouled” to Syria, and asking the Government to allow the applicants to enter the Republic of Cyprus so as to claim asylum. 22 .     On 8 September 2020 the lawyer was informed that the request under Rule 39 had not been supported by evidence and could not be examined by a judge without, inter alia, information establishing the applicants’ identities and personal circumstances. By the time the lawyer replied, at 2.37 p.m. the same day, the applicants had boarded a boat which had already left the Cypriot port. The duty judge of the Court wished to obtain further information and adjourned the examination of the request. 23 .     On 9   September 2020 the Government replied that the applicants had entered the territorial waters of Cyprus without permission on 7   September 2020; that they had not requested international protection; that they had been returned to Lebanon; and that it had not been open to them to apply for international protection at the embassy and consulates of Cyprus in Lebanon. The above information was forwarded to the applicants who replied on 10   September 2020, when the Court decided not to indicate the interim measure sought to the Government given that the applicants had returned to Lebanon. RELEVANT LEGAL FRAMEWORK AND PRACTICE         RELEVANT DOMESTIC LAW and practice    Aliens and Immigration Law (Cap. 105) 24.     The entry, residence and expulsion of aliens in Cyprus are regulated by the Aliens and Immigration Law (“the Law”). 25.     According to section 6(1) of the Law, a person is not permitted to enter the Republic of Cyprus if he or she is a “prohibited immigrant”. That category includes: (i) any person who enters or resides in the country in contravention of any prohibition, condition, restriction or limitation in the Law or in any permit granted or issued under the Law (section 6(1)(κ)); (ii) any person who has been deported from the country on the basis of either the Law or any other legislation in force at the time of his or her deportation (section 6(1)(θ)); and (iii) any alien who wishes to enter the Republic as an immigrant but who does not have in his or her possession an immigration permit granted in accordance with the relevant regulations (section 6(1)(λ)). 26.     Section 12(1) of the Law provides that no person can enter or leave the Republic of Cyprus except through an approved port. Under section   12(2) any person entering the Republic of Cyprus by sea may not disembark without the consent of an immigration officer and a medical officer and the master of the ship must not allow any such person to disembark without the officers’ consent. 27 .     Under section 14 of the Law, a Senior Immigration Officer may direct the removal of any foreigner whom he or she considers to be a prohibited immigrant.    The Refugee Law ( Law no.   6(I)/2020) 28 .     At the relevant time, section 2 of the Refugee Law provided the following definitions: “‘applicant’ means a third country national or stateless person who has submitted an application for international protection and that status applies for the period from the date of submission of the application until a final decision is taken in relation to that application; the term ‘applicant’ includes a minor; ‘making’ in relation to an application, means the expression, to an appropriate body, of the desire of a third-country national or stateless person to apply for international protection; the term ‘submit’ is interpreted accordingly; ‘lodging’ in relation to an application means the lodging of a written application; ... ‘appropriate officer’ means an officer of the Asylum Service who has received special training in matters of asylum and supplementary protection; ...” 29 .     Section 11 of the Refugee Law is entitled “Making, registering and lodging an application” and provides, where relevant, as follows: “(1) The application should be addressed to the Asylum Service. (2)(α) The application should be made within the Republic of Cyprus, to the relevant immigration office ... If the applicant is not in a position to make [his/her] application in writing, [he/she] is allowed to make the application orally to the officer at the place of making the application, who will record the application on a form to be decided by the [Head of the Asylum Service]. The officer at the place where the application is made must register the application at the latest within three working days after the application is made and must refer the application to the Asylum Service for examination. (β) If the application is made to authorities which may receive such applications but are not the appropriate authority for the place where the application is made under subsection (α) or for the registration of the application under subsection (α), those authorities must ensure that the application is registered no later than six working days after it is made. (3) The Minister must ensure that the authorities referred to in paragraph 2(β) ... are informed of their duties and receive the level of training required to perform their duties and responsibilities, and that they are instructed to inform applicants about where and how to submit applications. ...”    Bilateral agreement between Cyprus and Lebanon 30 .     On 19 July 2002 Cyprus and Lebanon signed a bilateral agreement on the readmission of persons entering or remaining unlawfully in the territory of the two states (“the Bilateral Agreement”) to control the flow of irregular migrants between those countries. 31.     On 15 May 2008 the two countries signed an Additional Protocol setting out operational and technical arrangements for readmission procedures (“the Additional Protocol”). 32.     The Bilateral Agreement and the Additional Protocol were ratified by Law no. 17(I)/2009 and entered into force on 11 December 2009. 33.     Article 2 of the Bilateral Agreement, headed ‘Readmission in the case of third-country nationals who entered via the external border’, provides: “1. The contracting party via whose external frontier a person can be proved or reasonably assumed to have entered who does not meet or who no longer meets the conditions in force for entry or residence of the territory of the requesting contracting party shall readmit the person at the request of the requesting contracting party and without any formalities. 2. ...” 34 .     Article 11 of the Bilateral Agreement provides that: “This agreement shall in no way affect the Contracting Parties’ rights and obligations arising from: (1) the Convention of 28 July 1951 on the Status of Refugees as amended by the Protocol of 31 January 1967 on the Status of Refugees; ... (3) the Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms; (4)   international conventions on asylum.” 35.     Article 13 of the Bilateral Agreement provides that it was concluded for an indefinite period. 36 .     Article 2 of the Additional Protocol to the Bilateral Agreement provides for forms that contracting parties should use for the readmission to the other country of persons illegally entering and/or staying in their territory. The first form is headed “request for the readmission of a person (Annex I)” and the second “record of the return/readmission of a person (Annex II)”. The first form requires, inter alia, the personal details of the person to be re ‑ admitted, information on the circumstances of entry into the transferring State and evidence of or the grounds for presuming illegal entry, and information on any applications made to the appropriate authorities of the requesting State by the transferee, including any application for the recognition of refugee status or claim for asylum.    Case-law on compensation for violations of human rights 37 .     The domestic case-law concerning civil claims for violations of human rights as submitted by the Government was summarised in Irodotou v.   Cyprus , no. 16783/20, § 30-33, 23 May 2023.     Domestic practice on entry visas for Syrian nationals 38 .     The Government submitted with their observations a letter dated 31   August 2017 from the Ministry of the Interior. The letter was addressed to the consulates of the Republic of Cyprus and gave revised and updated information about the suspension of the issuing of entry visas to Syrian nationals. The Ministry proposed that entry visas would be granted to the following groups: “(i) Syrians who lawfully reside in states other than Syria. It should be strictly verified that the [applicants are] beyond reasonable doubt ‘good faith visitors’ (reason for travel to Cyprus, proof of lawful residence in a third country, place of stay in Cyprus, reservation of a return flight ticket, a bank guarantee, proof of family, business, property and other ties confirming the traveller will return, proof of sufficient financial means etc), (ii) Syrians who ... are ‘family members’ of EU citizens ... (iii) Syrians who are ... ‘family members’ of Cypriot citizens ... (iv) Syrians who own property in Cyprus or are exercising business or investing activities in Cyprus ... (v) Syrian businessmen wishing to visit Cyprus for business activities ... (vi) Syrian scientists or members of missions wishing to visit Cyprus to participate in conferences ...” The letter specified that the embassies and consulates were responsible for the consideration, approval, or rejection of applications by Syrian nationals on the basis of the applicable law, but that they could request additional information and documents when considering applications, without being restricted to those suggested in the letter. 39.     The Government also produced a second letter from the Ministry of the Interior and dated 30 September 2022 which said that following the Beirut explosion of 2020 and certain general difficulties that had been encountered, the Ministry of the Interior had decided to grant entry visas to Lebanese and Syrian nationals when they arrived in Cyprus. That letter said that this practice was applied until January 2021.       RELEVANT INTERNATIONAL MATERIAL    Reports on interceptions at sea by the Cyprus authorities      Secretary General of the United Nations 40 .     In a report of 8 January 2021 on the United Nations Peacekeeping Force in Cyprus (UNFICYP) entitled “United Nations operation in Cyprus” the Secretary General of the United Nations made the following observations about developments between 19 June and 18 December 2020: “32. After a lull between February and May, arrivals of irregular migrants, refugees and asylum seekers to the island resumed and increased steadily from June onwards, linked, inter alia , to the degradation of the situation in Lebanon and the Syrian Arab Republic. ... 33. At the same time, there was a notable increase in the number of boats carrying asylum seekers arriving in Cyprus, from both Lebanon and Turkey. Nine such boats made their way to the south from Lebanon between August and September, carrying a total of 202 persons. In addition, 243 persons aboard six boats who had also left Lebanon were either pushed back on the high seas by the Republic of Cyprus or, for those who had reached its shores, deported to Lebanon without having been granted access to asylum procedures. There were a further 13 failed attempts of boats trying to reach the island from Lebanon, including one instance of a boat rescued by the United Nations Interim Force in Lebanon (UNIFIL) after having spent seven days at sea. In that particular incident, despite the intervention of UNIFIL, three persons lost their lives, including, a young child, while 14 were lost at sea. ...”      Council of Europe Commissioner for Human Rights 41 .     In a letter of 10 March 2021 to the Minister of the Interior of Cyprus, Mr Nicos Nouris, the Council of Europe Commissioner for Human Rights made the following observations: “As Council of Europe Commissioner for Human Rights, in the framework of my monitoring of member states’ human rights obligations, I have received a number of reports indicating that boats carrying migrants, including persons who may be in need of international protection, have been prevented from disembarking in Cyprus, and summarily returned, sometimes violently, without any possibility for their passengers to access the asylum procedure. I should like to underline that when persons at the border are returned without individual identification or procedure, member states cannot establish whether they may be sending them back to human rights abuses. This may lead to violations of Article 3 of the European Convention on Human Rights (ECHR) and the UN Refugee convention. Moreover, collective expulsions of migrants are prohibited under Article 4 of Protocol 4 to the ECHR and as such, cannot be tolerated. I urge the Cypriot authorities to ensure that independent and effective investigations are carried out into allegations of push backs and of ill-treatment by members of security forces in the context of such operation ...” 42 .     In his reply of 16 March 2021, the Minister of the Interior of Cyprus made the following observations: “Concerning the readmission of boat arrivals from Lebanon, which it is mentioned in your letter it should be mentioned that during the first 8 days of September 2020 Cyprus was facing a new trend regarding irregular arrivals of migrants on the island. Specifically, 10 vessels departed from Lebanon, which totally transferred 347 irregular migrants to Cyprus. Consequently, it was rapidly decided to initiate negotiations with Lebanon and was agreed that 6 out of the 10 vessels carrying Lebanese nationals should be returned to Lebanon. Taking into consideration and respecting the provisions of the relevant EU and international law, Cyprus authorities prevented the irregular entry into Cyprus of Lebanese migrants that did not request international protection and managed to return them with safety to Lebanon. It should be noted that 24 nationals of Lebanon were disembarked due to the fact that they applied for international protection. Furthermore, it is worth mentioning that during 2020, a total of 682 Syrian and Lebanese migrants arrived irregularly on the island or were detected at the sea borders attempting to disembark irregularly. In particular 472 migrants landed on the island, out of which 400 of them were Syrian nationals and 72 Lebanese. 210 Lebanese nationals who had been detected at the sea borders, returned to Lebanon since they stated that their destination was not Cyprus, but Italy.”      Human Rights Watch 43 .     In “Cyprus: Asylum Seekers Summarily Returned – Pushbacks Against Surge of Arrivals by Boat from Lebanon” published on 29   September 2020, Human Rights Watch reported that Cypriot coastguard forces had summarily pushed back, abandoned, expelled or returned more than 200   migrants, refugees and asylum-seekers coming from Lebanon during the first week of September 2020 without giving them the opportunity to make asylum claims. 44 .     Human Rights Watch also reported interviewing fifteen Lebanese and Syrian nationals who had embarked at Tripoli in Lebanon and entered or attempted to enter Cyprus or its territorial waters on one of seven boats between 29 August and 7 September 2020, along with a survivor from another boat that had left Lebanon on 7 September 2020 and had not encountered the Cypriot authorities. United Nations peacekeepers in Lebanon had rescued them on 14 September 2020, after at least thirteen people on that boat had died or been lost at sea. It confirmed that all migrants who had had an encounter with the Cypriot authorities had said that they had pleaded not to be returned to Lebanon – and some had explicitly claimed asylum – but they had not been allowed to make asylum claims. The report added that according to the migrants the Cypriot coastguard had transferred some people onto civilian passenger vessels guarded by the marine police and taken them directly back to Lebanon. 45 .     The same report cited an interview published on 13 September 2020 in the daily national newspaper Kathimerini Cyprus with Mrs Katja Saha, a UNHCR Cyprus representative, stating the following: “UNHCR supports the efforts by Cypriot authorities to return those who are not found to be in need of international protection, but only after a formal and individual assessment of their asylum claim if they seek asylum. ... The practice of pushbacks of boats is contrary to international law, and those wishing to seek asylum must be admitted to the territory at least on a temporary basis to examine their asylum claims. ... UNHCR does not have information on the reasons that prompted those on board the recent boat arrivals to travel to Cyprus and does not know whether they were migrants or asylum seekers. An individual assessment is always necessary, and it cannot be done at high seas [ sic ].”      Asylum Information Database 46 .     A report entitled “Country Report: Cyprus – 2020 update” was published on the Asylum Information Database (AIDA), which is coordinated by the European Council on Refugees and Exiles. The report makes the following observations concerning “pushbacks” at sea: “In 2020, the Cypriot authorities, for the first time, carried out pushbacks of boats carrying mainly Syrians, Lebanese and Palestinians who had departed from Turkey or Lebanon. In total 9 push backs were carried with one more attempt to push-back a boat in December 2020, but due to damages the boat was eventually rescued. ... In June 2020, the second pushback took place with a boat carrying 30 people. The boat was intercepted by the coast guard which remained in the area until the boat headed toward the north. The third pushback took place in July with a boat carrying 10 Syrians. Once again, the boat was intercepted by the coast guard and eventually it headed to the north. People from the third boat were later reported to have crossed from the north through unguarded sections of the ‘green-line’ and were found in Pournara First Reception Centre. In August and September 2020, 9 boats from Lebanon carrying 202 persons reached the [Republic of Cyprus]. During the same period, another 6 boats with approximately 243 persons left Lebanon and attempted to reach Cyprus. However, they were pushed back or deported to Lebanon after being taken to shore due to damages in the boats but were not given access to asylum procedures. Following the request for interim measures by the NGO KISA, the European Court of Human Rights requested information from the Cypriot government. There were other reported attempts of boats trying to reach Cyprus from Lebanon, but these were unsuccessful. One such boat was rescued by UNFIL after being at sea for 7   days and 3 persons lost their lives, including a young child, while 14 remained missing at sea.”      US Department of State 47 .     In its report on human rights practices in Cyprus in 2020 published on 30   March 2021, the US Department of State observed as follows: “Refoulement: On March 20, marine police directed a boat carrying 115 Syrians to leave Republic of Cyprus territorial waters and return to Syria. Authorities cited COVID-related entry restrictions as the justification. The boat eventually capsized in waters under Turkish Cypriot administration, and Turkish Cypriot authorities deported the Syrians to Turkey. On June 4, a boat reportedly carrying 30 Syrians attempted to enter the country and was pushed back by marine police. The vessel eventually landed in the area under Turkish Cypriot administration. The Syrian passengers reportedly crossed irregularly into the government-controlled area. A third pushback of a boat reportedly carrying 10 Syrians was reported in late July. It also landed in the north and its passengers crossed irregularly into the government-controlled area. Between September 1 and 8, police pushed back six more boats arriving from Lebanon. According to UNHCR, government authorities kept two additional boats, reportedly carrying Syrian nationals, at sea for days. NGOs reported that passengers that came ashore on vessels from Lebanon were not given the opportunity to submit asylum claims. Instead, they were immediately quarantined and quickly deported. NGOs claimed some asylum seekers were tricked into boarding buses they believed were going to a hospital, only to be taken to the port and deported on government-chartered vessels. As of September 8, authorities reportedly deported a total of 115 persons who had arrived by boat from Lebanon. On September 9, a Ministry of Interior spokesperson stated that government officials had boarded the boats and verified the passengers were not asylum seekers but economic migrants. The ministry therefore decided to send them back to Lebanon. A UNHCR spokesperson responded on September 9 that UNHCR was not given access to the passengers of the boats that were pushed back and was therefore not in a position to verify that the passengers did not ask for asylum.”      Refugee Rights Europe and End Pushbacks Partnership 48 .     A report issued on July 2020 by Refugee Rights Europe and the End Pushbacks Partnership entitled “Pushbacks and Human Rights violations at Europe’s borders: the state of play in 2020” made the following observations: “In September 2020, two cases of pushbacks took place, both of which included unaccompanied minors. A boat with 21 individuals from Lebanon and Syria was pushed back by marine and port police after having arrived on the shore of Paralimni in the Republic of Cyprus. They eventually managed to reach the UN-controlled buffer zone, which divides the Republic of Cyprus and TRNC. A second case took place on 6   September 2020, when a boat with thirty Lebanese nationals and three Syrians were caught by the Cypriot Coast Guard. Among them were fourteen children. Six of them, as well as three women, were taken to a hospital, but then moved (along with the rest of the group) onto a private boat, led by the Coast Guard which took them back to Lebanon. According to a report by the Cyprus News Agency, at least 108 people were returned to Lebanon on three chartered vessels over the course of three days, between 6 and 8   September 2020 while Cypriot authorities claimed they returned 230 people to Lebanon during the same period. Additionally, another six vessels were reportedly prevented from leaving Lebanese territory by the Cyprus Port and Maritime police. These repeated pushback practices have been lamented by NGOs, as well as by UNHCR’s representative for Cyprus, who confirmed that they had received ‘credible reports’ of incidents with overcrowded boats which were denied disembarkation due to Covid-19.”    Materials on situation in Lebanon      Access to an asylum process and refoulement    Lebanon’s Universal Periodic Review (Third Cycle Report) by the UN Human Rights Council 49 .     As part of the process of the Universal Periodic Review mechanism, Lebanon produced a third national report on the action it had taken to implement recommendations previously made by the Human Rights Council.   The Government submitted to the Court the document presented by the Lebanese Government to the UN Human Rights Council on 12   November 2020, entitled “National report submitted in accordance with paragraph 15(a) of the annex to Human Rights Council resolution 5/1: Lebanese Republic”. The report included the following: “192.     The preamble to the Constitution states that Lebanon is not a country of asylum or resettlement, for a number of different reasons. Lebanon has not signed the 1951 Convention relating to the Status of Refugees or its 1967 Protocol but it does adhere to the principle of non-refoulement as stipulated in the Convention. 193.     The Directorate General of Public Security does not deport persons who believe that their lives might be in danger in their own country and it has taken steps to ensure that no displaced Syrians are deported or expelled, in compliance with the principle of non-return enshrined in the Convention against Torture. 194.     A memorandum of understanding signed in 2003 between the Directorate General of Public Security and the Office of the United Nations High Commissioner for Refugees (UNHCR) regarding the treatment of persons seeking asylum via the UNHCR office in Lebanon sets out the duties and rights of both the State and UNHCR in that connection. ... VII. CHALLENGES ... 212. ... Repercussions of the refugee and displacement crisis: Although it is not a country of asylum or displacement, Lebanon has never failed in its humanitarian duty towards persons who come seeking safety. Nevertheless, the current situation has outstripped its ability – which was modest to start with – to meet the growing needs of refugees and displaced persons in all areas. For Lebanon, the best solution to the refugee and displacement crisis is to translate into reality the right to a safe and dignified [return to their homes], thereby alleviating the burden on host communities. In that connection, on 14 July 2020, the Council of Ministers approved a policy paper on the return of displaced Syrians.” 50 .     The Office of the United Nations High Commissioner for Human Rights also compiled a report to the United Nations Human Rights Council dated 16 November 2020 for the purpose of Lebanon’s Universal Periodic Review (third cycle), with the following recommendation as regards migrants, refugees and asylum-seekers: “86. While acknowledging the contribution of Lebanon in hosting a large number of asylum seekers and refugees, and also commending the State party’s commitment to the principle of non-refoulement, the Human Rights Committee recommended that Lebanon strictly adhere in practice to such principle, and that it protect all asylum seekers against pushbacks at the border and deportation.” 51 .     During the third cycle of the Lebanon universal periodic review, contributions were made to the compilation report of the Office of the United Nations High Commissioner for Human Rights (see paragraph   50 above) by the Office of the Special Representative of the Secretary General for Children and Armed Conflict, the United Nations Country Team in Lebanon, UNESCO and UNHCR. In its contribution dated July 2020, the UNHCR observed the following: “Lebanon is not party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, nor the 1954 Convention relating to the Status of Stateless Persons or 1961 Convention on the Reduction of Statelessness. Lebanon is, however, party to several human rights treaties relevant to the protection of asylum-seekers, refugees, and stateless persons, such as the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of the Child (CRC) and the Convention on the Elimination on All forms of Discrimination against Women (CEDAW). Moreover, the Lebanese Constitution, in its preamble, refers to Lebanon abiding by the 1948 Universal Declaration of Human Rights. Lebanon also affirmed the Global Compact on Refugees at the 73rd session of the UN General Assembly in December 2018, and provided substantive inputs during each phase of consultations. As of 31 December 2019, there were 932,619 refugees and asylum ‑ seekers registered with the Office of the United Nations High Commissioner for Refugees (UNHCR) in Lebanon, including 914,648   Syrian refugees and 17,971 refugees and asylum-seekers of other nationalities. Approximately 77% of the non-Syrian refugees and asylum-seekers are from Iraq, while the rest originate from a variety of countries including Sudan, Ethiopia and Egypt. In 2015, the Government of Lebanon requested UNHCR to suspend registration for newly arrived Syrian refugees. Thus, the total number of Syrians in need of international protection in Lebanon remains unknown, however the Government estimate stands at 1.5 million, which is also the planning figure used in the Lebanon Crisis Response Plan (LCRP) 2017-2020. Lebanon does not have a comprehensive domestic legal framework in place to protect asylum-seekers and refugees, leaving gaps and uncertainties in their protection situation. The 1962 Law Regulating Entry, Stay, and Exit from Lebanon (the 1962 Law on Entry and Exit) together with the Council of Minister’s Decree 10188 implementing the 1962 Law does not distinguish asylum-seekers and refugees from migrants. On 23 October 2014, the Cabinet of Ministers in Lebanon adopted a Policy Paper on Syrian Refugees Displacement to Lebanon by virtue of Decision No. 38, leading to several decisions impacting the entry and stay of Syrian refugees in Lebanon. Further to these decisions, the General Directorate of General Security (GSO) revised both its entry and residency regulations to only allow admission of Syrians able to obtain a visa on one of the permissible grounds (tourism, business visit, property ownership, study, transit, medical treatment, Embassy appointment or pledge of responsibility by a Lebanese citizen (‘sponsorship’). Admission on protection grounds was subsequently made possible but narrowly defined to include only those who could fulfil specific criteria provided by the Ministry of Social Affairs for exceptional humanitarian cases. These GSO decisions also encompassed additional document requirements for residency renewal and reintroduced the