Kurdish activist Kenan Ayaz (officially Ayas), who was sentenced to four years and three months in prison by the Hamburg Higher Regional Court (OLG) in September 2024 for alleged membership of the Kurdistan Workers’ Party (PKK), is about to be deported to Cyprus. Ayaz had been living there as a recognized political refugee since 2013 until he was arrested in Larnaca in March 2023 at the instigation of German authorities and extradited to Germany in June of the same year.
The verdict against Ayaz is based solely on the accusation of membership in the PKK. He has not been charged with any individual crimes. His defense team criticized the proceedings as politically motivated and accused the German authorities of criminalizing political activity and civil society engagement with sweeping interpretations of criminal law.
Ayaz appealed the verdict. According to his lawyers, the central charge—participation in a terrorist organization abroad (Section 129b of the German Criminal Code)—was not proven beyond reasonable doubt at any stage of the proceedings. Nevertheless, the Federal Court of Justice unanimously rejected the appeal in May of this year. A subsequent constitutional complaint before the Federal Constitutional Court was also unsuccessful: on July 31, it was dismissed without giving reasons (Ref. 1 BvR 1230/25).
This clears the way for an appeal to the European Court of Human Rights (ECHR) in Strasbourg. Ayaz intends to argue that his conviction in Germany violates, among other things, the freedom of assembly and freedom of expression guaranteed by the European Convention on Human Rights.
The case has also caused a stir outside Germany. Ayaz was imprisoned in Turkey for twelve years between 1996 and 2008 – unjustly, according to his defense. In 2013, he was granted political asylum in the Republic of Cyprus. Nevertheless, he was arrested at Larnaca Airport in March 2023, triggered by a European arrest warrant issued by Germany.
Despite numerous protests by human rights organizations, political parties, and a hunger strike by Ayaz himself, the Cypriot authorities decided to extradite him. This was the first time such a step had been taken against a Kurdish political refugee from Cyprus. In 2019, a court in Larnaca had rejected the extradition of another Kurdish activist to Germany.
In a statement about the process, the defense team of Kenan Ayaz said the following:
“Kenan Ayaz is about to be transferred to Cyprus. On August 12th the District Court of Larnaca recognized and declared the four-year-and-three-month prison sentences, imposed by the Higher Regional Court of Hamburg on September 2, 2024, as enforceable in the Republic of Cyprus. After the German authorities took over two months to file the formal request with the Cypriot authorities, the District Court of Larnaca acted quickly to reach a decision within a few days.
Now, it is up to the German authorities to organise the transfer, and once again, this process is taking a long time. Almost two weeks have passed with no date yet set for the transfer. Every day that Kenan Ayaz spends imprisoned in Germany under harsh conditions is one day too many. The German authorities must act quickly to fulfil their promise to transfer him to Cyprus.
Kenan Ayaz is very much looking forward to returning to his adopted homeland of Cyprus and seeing the people who fought for him and showed solidarity with him over the last two years.
Unfortunately, Cyprus’s authorities now have to enforce the Hamburg court’s verdict. As we have reiterated, Kenan Ayaz’s defense team deems this verdict legally flawed and a violation of his rights under the European Convention on Human Rights. Despite these circumstances, the defense had no legal choice but to request that this flawed judgment be enforced in Cyprus to bring Kenan Ayaz back to Cyprus as soon as possible.
Once Kenan Ayaz is in Cyprus, however, it will be up to the Cypriot authorities to decide, according to Cypriot law, how much longer he has to serve. Kenan Ayaz, who has never been charged with or convicted of any violent crime, has been held in Germany under harsh anti-terrorist conditions for over two years.
Despite his transfer to Cyprus being imminent, he will continue to challenge the flawed and unjust German judgement. After his appeal against the verdict was dismissed by the German Federal Court, he appealed it to the German Constitutional Court. On 31 July 2025, however, this court also dismissed his complaint without giving any reason (file number 1 BvR 1230/25). But the complaint to the Constitutional Court was merely a formality to exhaust all legal remedies. Neither Kenan Ayaz nor his defense team expected to succeed in a German court. Different German prosecutor’s offices and higher regional courts have proven time and again that they are determined to relentlessly and harshly pursue Kurdish activists.
Therefore, Kenan Ayaz will now appeal his conviction to the European Court of Human Rights. He will show that the Hamburg ruling violated his freedom of assembly.”
Source: ANF News
