Pushing the Borders of the “Culpable Conduct” Exception? MA and ZR v Cyprus (App. No.39090/20)

After fleeing from Syria in 2016, MA and ZR settled in a refugee camp in Lebanon. In 2020, they boarded a boat bound for Cyprus where they planned to seek asylum. However, their boat was intercepted in the territorial waters of Cyprus by the coastguard. According to the applicants, the Cypriot officers ignored their pleadings for asylum and tricked them into boarding another ship that headed back to Lebanon. Before their expulsion, they were stranded on the boat for two days in high temperatures and without proper access to food, water, and hygiene facilities. The Cypriot Government’s account of the events differed: the applicants had never asked for asylum despite having such a possibility; they had been offered enough food and water as well as some hygiene products; and they had boarded the ship to Lebanon voluntarily.