Mizrahi v Republic of Cyprus

• Jurisdiction: Chipre
• Date: 29 July 1968
• Court: Supreme Court (Cyprus)

Cyprus, Supreme Court.

(Triantafyllides J.)

Mizrahi

and

The Republic of Cyprus.

STATE TERRITORY

State territory International leases and grants in perpetuity Cyprus Sovereign Base Areas Dismissal of employee by Sovereign Base Areas authorities Whether Cyprus Government has locus standi to intervene in matter Whether Cyprus courts have jurisdiction The law of Cyprus.

The individual in international law Position of Human rights and freedoms European Convention for Protection of Stateless alien and prohibited immigrant living destitute Cyprus without right to work Whether breach of Articles 2, 3, 5, 8 and 11 involved The law of Cyprus.

The individual in International law Aliens Position of Treatment by and responsibilities of receiving State Prohibited immigrant Cyprus Whether entitled to claim aid of Cyprus Government against Sovereign Base Areas Authorities Whether entitled to be expelled to Sovereign Base Areas The law of Cyprus.

Aliens Expulsion of Prohibited immigrant Whether entitled to expulsion The law of Cyprus.

Summary: The facts.The applicant, Isaac Mizrahi, a stateless person, had been employed by the Navy, Army and Air Force Institutes (NAAFI) in Egypt. NAAFI is the organization responsible for the provision of social and welfare facilities for members of the British armed forces. In 1956, when the British forces withdrew from the Suez Canal Zone, the applicant was taken to Cyprus for reasons of personal safety. The United Kingdom Government at that time assured the Government of the then Colony of Cyprus that Mizrahi's employment in Cyprus would be guaranteed and that his removal from Cyprus would be arranged if he became unemployed. Mizrahi was employed in the areas known from 1960 onwards as the British Sovereign Base Areas in Cyprus until he was dismissed on grounds of redundancy in 1967. On 3 February 1968 he petitioned the Council of Ministers of the Republic of Cyprus requesting that the Cyprus Government approach the British Military Authorities with a view to his re-employment by them. On 10 May 1968 Mizrahi received the reply that the Cyprus Government could not intervene in the matter. He thereupon instituted a variety of legal proceedings contesting the legality of his dismissal, both before the courts of the Sovereign Base Areas and in a petition to the Commission established under the European Covention on Human Rights. He also brought an action against the Cyprus Government in the Cyprus courts. Mizrahi alleged: (1) that he...