Germany Must Uphold EU Law and Return Kenan Ayaz to Cyprus
- cdlaweb24
- Aug 6
- 3 min read
CDLA Condemns Ongoing Detention and Calls Out Transnational Repression of Kurdish Activists
Nicosia, 6 August 2025 – The Cyprus Democratic Lawyers Association (CDLA) expresses its deep concern and strong condemnation over the continued detention of Kenan Ayaz, a Kurdish political refugee and permanent resident of the Republic of Cyprus, by the German authorities. His ongoing incarceration — despite binding legal obligations and diplomatic assurances — raises serious concerns about rule of law and human rights compliance in Europe.
Violation of Legal Commitments
In 2023, Cyprus agreed to surrender Kenan Ayaz to Germany under strict legal conditions, as outlined in Article 5(3) of EU Framework Decision 2002/584/JHA. Specifically, it was agreed that any sentence imposed would be served in Cyprus. Mr. Ayaz was later sentenced to 4 years and 3 months' imprisonment in September 2024, and his appeal was rejected in May 2025.
Despite an official commitment from the German Federal Prosecutor — and repeated requests from the Cypriot Ministry of Justice — Germany has yet to honour its obligation to transfer him back. Authorities claim the transfer is “in preparation,” without offering a legitimate explanation for the delay. This failure violates EU Framework Decision 2008/909/JHA, which aims to ensure that convicted individuals serve sentences in their country of residence to support reintegration and respect fundamental rights.
Transnational Repression in Europe
The case of Kenan Ayaz is emblematic of a broader trend: the use of judicial cooperation mechanisms to suppress Kurdish political activity across borders. Rather than applying the law neutrally, some states appear to be using the legal system to enable political persecution.
Mr. Ayaz is a recognised refugee, granted protection by the Republic of Cyprus, and should not be subject to continued repression under the guise of counter-terrorism. His prosecution and continued detention reflect a troubling use of criminal justice tools to silence dissent — a practice incompatible with the values of democratic societies and the European legal order.
CDLA Supports the Ayaz Trial Monitoring Group
The CDLA supports the work of the Trial Monitoring Group on the Case of Kenan Ayaz, which has been systematically documenting the legal, procedural, and political aspects of his case. The group’s findings shed light on a series of procedural irregularities concerning Mr. Ayaz’s extradition and imprisonment, as well as on the ongoing legal violations by the German authorities in failing to facilitate his return to Cyprus. Beyond the specifics of this case, their work underscores the broader implications for refugee rights, the protection of political expression, and the integrity of the rule of law across Europe. The full letter is available at the following link:
Cypriot Society Speaks Out
Calls for justice are growing in Cyprus. Civil society, members of parliament, and legal professionals demand that Germany respect its legal obligations and return Mr. Ayaz immediately. Notably, MP Giorgos Koukoumas recently raised the issue in Parliament through a formal question to the Minister of Justice, challenging the government to explain the inaction.
Justice Delayed is Justice Denied
Kenan Ayaz is not seeking leniency — he is demanding that the law be respected. His return to Cyprus is a legal obligation, not a political favour. Germany’s failure to act undermines the credibility of European legal cooperation and the fundamental rights it is meant to uphold.
The Cyprus Democratic Lawyers Association stands in solidarity with Kenan Ayaz and all those resisting transnational repression. We call on Germany to end its complicity — and to act now
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