Kamakwili and Kalonbo v. Cyprus

FIFTH SECTION

Application no. 36786/24 Noela Makoyo KAMAKWILI and Sylvain Mwanbayi KALONBO against Cyprus

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 3 July 2025 as a Committee composed of:

Andreas Zünd , President , Diana Sârcu, Mykola Gnatovskyy , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 2 December 2024,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants were represented by Mr N. Zeniou, a lawyer practising in Nicosia.

The applicants’ complaints under Article 3 of the Convention concerning their material conditions at Larnaca International Airport were communicated to the Cypriot Government (“the Government”). Complaints based on the same facts were also communicated under other provisions of the Convention.

The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Cyprus in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

The payment will constitute the final resolution of the case.

THE LAW

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the application.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 28 August 2025.

Viktoriya Maradudina Andreas Zünd Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 3 of the Convention

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for non-pecuniary damage per

applicant (in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

36786/24

02/12/2024

Noela Makoyo KAMAKWILI

1984

Sylvain Mwanbayi KALONBO

1969

Zeniou Nikolaos

Nicosia

02/06/2025

16/05/2025

2,800

1,000

[1] Plus any tax that may be chargeable to the applicants.

[2] Plus any tax that may be chargeable to the applicants.