The debate over deportations in Cyprus resurfaced today with MP and parliamentary spokesperson of the Democratic Rally (DISY), Nikos Tornaritis, submitting a draft law that would allow courts to impose deportation as a punishment for foreigners convicted of serious crimes. The proposal follows a recent violent incident at Platy Aglantzia school in Nicosia. However, it is important to note that Cypriot law already allows deportation for those residing illegally or convicted of serious offenses.
Tornaritis’ proposal
The draft law seeks to amend the Criminal Code, giving courts the authority to impose deportation on foreigners convicted of serious crimes such as violence, robbery, or involvement in criminal organizations. Tornaritis said the aim is to strengthen public safety and citizens’ trust while respecting the rule of law and Cyprus’ international obligations.
Legal Context
Lawyer Achilleas Emilianides explained that existing legislation already permits deportation or declaring individuals undesirable immigrants in cases of serious offenses.
“There have even been cases where European citizens were deported, and the Supreme Court upheld the legality of such decisions,” he said. Emilianides stressed that if the criminal code is amended, attention must be paid to the criteria, procedures, and proportionality of applying this power.
Current Deportation Rules
Under current Cypriot law, deportation is allowed only under clearly defined circumstances:
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Third-country nationals may be deported if they reside illegally, violate the conditions of their residence permit, are convicted of serious crimes, or pose a threat to public order or security. Decisions are administrative and can be appealed, while Cyprus must also respect the principle of non-refoulement, prohibiting return to countries where one faces torture or inhuman treatment.
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EU citizens face stricter rules: deportation can occur only for serious reasons of public order or security, must be fully justified, and allows the right to appeal with suspensive effect.