The Supreme Court has upheld an appeal by migrant rights organisation KISA after it was struck off the Registry of Associations and Foundations, ruling the first instance decision lacked sufficient reasoning and failed to properly examine proportionality principles or protection of rights to freedom of association and expression.
KISA—Action for Equality, Support and Anti-Racism—was founded in 1998 and provides legal and social services to migrants, refugees and asylum seekers whilst campaigning against discrimination and racism. The organisation faced dissolution in December 2020 after authorities said it missed a paperwork deadline, drawing international condemnation from human rights groups.
According to the case background, the association was registered under the 1972 law. When the new 2017 Associations and Foundations Law came into force, all existing associations were required to adapt their statutes to comply with new provisions. The compliance deadline was extended several times until 31 December 2019.
In August 2020, after amendment of the relevant article, authorities published the first notice initiating dissolution proceedings for associations that hadn’t complied. KISA was included on the list. Despite filing an application to cancel its inclusion and submitting evidence, a second notice was published and the association was deregistered.
The deregistration attracted significant international controversy. The Council of Europe Commissioner for Human Rights wrote to the Cypriot government calling the response disproportionate, whilst Human Rights Watch said KISA “should not face deregistration for a technicality.”
The applicants filed a hierarchical appeal, which was rejected, then turned to the Administrative Court. The first instance court ruled the law’s provisions were clear, the applicants hadn’t met their obligations, and deregistration didn’t violate legal principles or rights to freedom of association and expression. It rejected claims of unequal treatment or lack of administrative objectivity.
On appeal, KISA argued violation of Article 21 of the Constitution, Article 11 of the European Convention on Human Rights, inadequate reasoning and failure to examine proportionality.
The Supreme Court noted that rights to freedom of association and expression are protected and any restrictions must be necessary measures in a democratic society. It stressed the first instance court didn’t properly assess the legislative framework or whether the administration had discretion not to proceed with deregistration. The proportionality principle wasn’t examined, nor whether special circumstances should have been considered, such as successive extensions and when the relevant provisions were activated.
The Supreme Court ruled there was lack of reasoning and the first instance decision effectively removed the possibility of reviewing the administration and the hierarchical appeal process provided by law.
Consequently, the appeal was upheld, the first instance decision was set aside and the administrative act of deregistration was annulled. The costs order at first instance was also cancelled. Appeal and first instance costs totalling €4,500 plus VAT where applicable were awarded in favour of the appellants.
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