With 39 votes in favor and nine against, from ELAM and the ALMA Movement, the Plenary Session of the Parliament approved the amendment of the Law on Foreigners and Immigration, introducing a procedure of ex officio judicial review of the legality of the extension of the detention of third-country nationals beyond six months.
The legislative regulation aims to harmonize Cypriot legislation with a European directive and to implement a recommendation of the European Commission to the Republic of Cyprus, in the context of the action plan for the accession of Cyprus to the Schengen area.
Under the existing legislation, the detention of third-country nationals can last up to six months, while under certain conditions it is possible to extend it for an additional period of up to 12 months. With the new regulation, in cases of prolonged detention, a judicial review of the legality of its continuation will be activated, through an application for the issuance of a habeas corpus order.
Specifically, the application will be registered by the director of the Immigration Department, an authorized officer of the Department or a lawyer representing him, so that the competent court can examine whether the continuation of the detention is justified.
During the debate in the Plenary, the Member of Parliament of the ALMA Movement, Michalis Paraskeva, stated that the Republic of Cyprus has an obligation to implement a specific European decision, however he expressed reservations about the way in which the process was formed
In particular, Mr. Paraskeva described as paradoxical the fact that the same person, i.e. the director of the Immigration Department, who requests the continuation of the detention, will be the one who will also register the application for the activation of the judicial review.
He said that he had submitted an amendment to the Parliamentary Committee, so that the application would not be registered by the director on behalf of the prisoner, wondering why it was not accepted. As he said, the issue is against the European institutions and Cyprus will find it in front of it.
ELAM MP Linos Ioannis Hadjigeorgiou said his party would vote against the bill, arguing that the new procedure would facilitate the release of third-country nationals who may be illegally in the Republic of Cyprus.
For his part, the Chairman of the Interior Committee, AKEL MP, Aristos Damianou stated that the need for amendment arose from an erroneous provision that had been included in the national legislation on the Migration Pact, which, when identified by the European Union, was recognized by the Government as a mistake that had to be corrected. He added that there is a relevant European regulation and that, regardless of the amendment, European law prevails and will be applied to Cyprus as well.
DISY Member of Parliament Nikoleta Constantinou stated that her party will vote in favor of the legislation, pointing out that compliance with the European acquis is an obligation of the Republic of Cyprus.
At the same time, Ms. Constantinou stressed the need for effective implementation of the new procedure, with the necessary administrative and judicial support, in order to avoid delays. He also referred to the need to continue and strengthen effective returns, through faster procedures, better coordination of competent services and cooperation with third countries.
CNA
