Nicosia, Cyprus – KenanWatch strongly denounces the unjustifiable and unlawful delay by the German authorities in transferring Kenan Ayas, a Kurdish political refugee and convicted person, from Germany to Cyprus to serve his sentence – as explicitly foreseen under binding European Union law.
This transfer is governed by Council Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences, which promotes the reintegration of prisoners and reinforces mutual trust between EU Member States. Cyprus has already acted in full compliance with its obligations under EU Treaties to implement this framework.
In an urgent official letter dated June 23, 2025, the Cyprus Ministry of Justice and Public Order requested the immediate transfer of Kenan Ayas pursuant to Article 4(5) of the Framework Decision. The letter, signed by senior official Mr. Andreas Kyriakides, recalls that Germany had explicitly guaranteed during the extradition procedure that if convicted, Ayas would serve his sentence in Cyprus, in accordance with Article 5(3) of Framework Decision 2002/584/JHA (European Arrest Warrant).
Nevertheless, the German authorities are failing to comply, even though the conviction became final and binding on May 14, 2025, following a decision by the German Federal Court of Justice (BGH).
A SERIOUS BREACH OF EU LAW AND THE EU CHARTER
This delay is not a mere procedural mishap – it constitutes a serious breach of Article 51 of the Charter of Fundamental Rights of the European Union, which mandates all Member States to respect the Charter when implementing EU law. Germany is clearly acting within the scope of EU law, and yet it is failing to apply it properly and in good faith.
Such non-application of binding EU law is a direct attack on the legal order of the European Union and undermines the principle of mutual trust between Member States. It is deeply concerning that a Member State such as Germany is blatantly disregarding the very commitments it undertook during the extradition process.
Concerns are further amplified by the recent case of Kurdish political prisoner Mehmet Çakaş, who is reportedly at imminent risk of deportation to Turkey by the German authorities, just months before his release. If confirmed, this would set a dangerous precedent, seriously threatening the protection of fundamental rights for Kurdish activists in Europe.
WE DEMAND:
- The immediate transfer of Kenan Ayas to Cyprus in accordance with EU law and Germany’s own assurances.
- Intervention by the European Commission and the European Parliament to ensure Germany complies with its EU obligations.
- Media coverage and transparency in Cyprus and across the EU to hold authorities accountable.
- Support from legal institutions and human rights organisations to prevent further violations of the Charter and EU legal commitments.
KenanWatch Observatory