M.A. AND Z.R. v. CYPRUS - 39090/20 (Expulsion - Summary return of Syrians to Lebanon after their interception at sea : Preliminary objection joined to merits and dismissed : Third Section)

Art 3 (procedural) • Expulsion • Summary return of Syrians to Lebanon after their interception at sea, in Cypriot territorial waters, without processing their asylum claims and taking the steps required under domestic law • Domestic authorities' failure to conduct 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 refoulment prior to removal.

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

This judgment will become final in the circumstances set out in Article 44 � 2 of the Convention. It may be subject to editorial revision.