M.D. v. RUSSIA and 5 other applications

 
 
 
Communicated on 26 April 2019
 
THIRD SECTION
Application no. 71321/17
M.D. against Russia
and 5 other applications
(see list appended)
The applicants are Syrian nationals. The applicants’ personal details and the information concerning their applications, the particulars of the domestic proceedings and other relevant information are set out in the Appendix.
 
All applicants in the present cases came to Russia on various visas between 2011 and 2016 and did not leave the country upon the expiry of the term of their stay. They were detained by the immigration authorities and were found to be in breach of immigration regulations by the domestic courts which ordered their expulsion to Syria from Russia.
COMPLAINTS
The applicants complain under Article 2 and Article 3 of the Convention that that they would face a real risk of being subjected to death and/or ill‑treatment in the event of their removal to Syria.
 
The applicants in applications nos. 71321/17, 25735/18 and 31680/18 complain that their detention pending expulsion has been in breach of Article 5 § 1 (f) and that they do not have access to judicial review of their detention, in breach of Article 5 § 4 of the Convention.
 
Lastly, the applicants in applications nos. 58858/18, 60000/18 and 60001/18 complain under Article 13 of the Convention that they do not have at their disposal an effective domestic remedy for their complaints under Articles 2 and 3.
 
 


COMMON QUESTION
In case of removal to Syria would the applicants face a real risk of death or ill-treatment in there, in breach of Articles 2 and 3 of the Convention? What is the current security situation in Syria? Do the applicants have any internal flight alternative in case of their return there?
CASE SPECIFIC QUESTIONS
Applications nos. 71321/17, 25735/18 and 31680/18
 
1.  Having regard to the Court’s conclusion in the case of Azimov v. Russia (Azimov v. Russia, no. 67474/11, 18 April 2013), has the applicants’ detention been compatible with the requirements of Article 5 § 1 (f) of the Convention?
 
2.  Did the applicants have at their disposal an effective procedure by which they could challenge the lawfulness of their detention, as required by Article 5 § 4 of the Convention?
 
Applications nos. 58858/18, 60000/18 and 60001/18
 
Did the applicants have at their disposal an effective domestic remedy for their complaints under Articles 2 and 3, as required by Article 13 of the Convention?

 
 
APPENDIX
No.
Application no.
Lodged on
Applicant’s initials,
date and place of birth;
place of residence/detention
Represented by
Detention
Removal proceedings
Refugee status/Temporary asylum proceedings
Other relevant information  
71321/17*
02/10/2017
M.D.
20/06/1989, Aleppo, Syria
Moscow
Roza Saidovna MAGOMEDOVA
 
 
 
 
Detention pending expulsion
08 August 2017 - currently
(CUVSIG Sakharovo)
 
08 August 2018 - arrested by the police and detention ordered by the Taganskiy District Court of Moscow;
 
 
Expulsion proceedings
8 August 2017 – administrative expulsion ordered by the Taganskiy District Court of Moscow;       

18 September 2017 - expulsion order upheld by the Moscow City Court.
Temporary asylum proceedings

4 February 2016 second refusal to grant temporary asylum by migration authorities;      
 
14 August 2017 – allegedly requested temporary asylum, interviewed on 2 October 2017;
 
3 July 2018 - refusal to grant temporary asylum upheld by the migration service;
 
17 September 2018 - appeal filed to the Basmanniy District Court of Moscow, outcome/status unknown at the time of the communication.
 
3 October 2017 – the interim measure staying the applicant’s removal to Syria applied.  
25735/18
04/06/2018
M.O.
16/11/1993, Douma, Syria
Moscow
Daria Vladimirovna TRENINA
 
Detention pending expulsion
 
15 March 2018 – currently (CUVSIG Voronovskoye)
 
15 and 16 March 2018 - arrested by the ploice and detention ordered by the Ostankinskiy District Court of Moscow
 
Expulsion Proceedings
 
16 March 2018 – administrative expulsion ordered by the Ostankinskiy District Court of Moscow;
 
14 May 2018 - expulsion order upheld by the Moscow City Court;
 
12 July 2018 - the Ostankinskiy District Court of Moscow suspended the expulsion proceedings and ordered further detention pending the examination of the case by the Court.  
Refugee status proceedings
 
29 May 2018 - request for refugee status lodged; outcome/status unknown.

Temporary asylum proceedings
 
Between 24 August 2016 and 24 August 2017 held tempoary asylum, did not apply for renewal, for unspecified reasons;

16 May 2018 - new request for temporary asylum lodged;

9 June 2018 interviewed in respect of his request;

1 October 2018 - refusal to grant temporary asylum;

27 November 2018 - the main migration authority refused appeal against the refusal, appeal filed at the Basmanniy District Court of Moscow, outcome/status unknown.
 
  
31680/18
09/07/2018
A.A.K.
01/01/1999, Aleppo, Syria
Kostylevo
 
A.A.R.
05/09/1998, Aleppo, Syria
location unspecified
 
Illarion Georgiyevich VASILYEV
 
Detention pending expulsion
 
A.A.K.: 4 July 2018 – currently (CUVSIG Kostylevo);
 
A.A.R.: 4 July 2018 – released, presumably, on or after 25 October 2018.
 
4 July 2018 – both applicants arrested;
 
5 July 2018 - the Elektrostalskiy Town Court of the Moscow Region ordered the applicants’ detention;
 
Expulsion proceedings
in respect of A.A.K. and A.A.R:
 
5 June 2018 - the Elektrostalskiy Town Court of the Moscow Region ordered the applicants’ expulsion (A.A.K. and A.A.R., respectively);
5 July 2018 the Moscow Regional Court upheld expulsion in respect of both applicants.
 
Further proceedings in respect of A.A.K.:
 
11 September 2018 - the Elektrostalskiy Town Court of the Moscow Region – refused to terminate expulsion proceedings and release the applicant; suspended expulsion proceedings pending the examination of the case by the Court.
 
16 October 2018 - the Moscow Regional Court upheld expulsion order in respect of A.A.K. (following the request of the prosecutor to re-examine it).

Further proceedings in respect of A.A.R.:

11 September 2018 - the Elektrostalskiy Town Court of the Moscow Region – refused to terminate expulsion proceedings and release the applicant, suspended expulsion proceedings pending the examination of the case by the Court.
 
25 October 2018 - the Moscow Regional Court cancelled expulsion order and terminated the expulsion proceedings in respect of A.A.R. (owing to the “expiry of statute of limitations”).
 
 
Temporary asylum proceedings
 
14 June 2018 – request for temporary asylum lodged by both applicants, accepted for examination on 26 June 2018.

6 September 2018 - the main migration service refused the application of both applicants.
No information provided concerning appeal complaint against this decision and/or outcome or status of the proceedings.
9 and 16 July 2018 the interim measure staying the applicants’ expulsion to Syria applied;
 
6 August 2018 - the Government informed the Court that the applicants’ request for temporary asylum is pending and should be examined before 26 September 2018.
In this regard, R39 measure was lifted on 4 September 2018 in respect of both applicants.  
58858/18 *
17/12/2018
K.A.
07/05/1982, Aleppo, Syria
Furmanov, the Ivanovo Region
 
Irina Yevgenyevna SOKOLOVA
 
 
Detention pending expulsion
 
 28 November 2018 – 30 January 2019 (CUVSIG Furmanov, the Ivanovo Region) (2 months);
 
28 November 2018 - the Frunzenskiy District court of Ivanovo ordered the applicant’s detention;
 
23 January 2019 - the Frunzenskiy District Court of Ivanovo granted the bailiff’s request for extension of detention until 28 March 2019.
 
30 January 2019 – the Ivanovo Regional Court quashed the order of extension of detention and ordered the applicant’s release as “it may take some time to have [his case] resolved, due to which the detention will be ungrounded and incompatible with the principle of fairness.”
 
Removal proceedings
 
28 November 2018 - the Frunzenskiy District court of Ivanovo ordered the applicant’s expulsion;
6 December 2018 - the Ivanovo Regional Court upheld the order of expulsion;
 
25 December 2018 - the Frunzenskiy District Court of Ivanovo returned the applicant’s request for suspension of expulsion and for release following the application of the interim measure by the Court as being non-compliant with the filing requirements (no translated copy of the R39 decision provided);
16 January 2019 - the Ivanovo Regional Court ordered examination anew of the applicant’s request.
Refugee status proceedings
 
12 December 2015 refusal to grant refugee status issued by the migration service; no appeal filed;

10 October 2018 - request for a refugee status filed, outcome/status unknown.


Temporary asylum proceedings
 
24 March 2016 - temporary asylum granted, renewal refused on 21 March 2017;
 
7 September 2017 - the Oktyabrskiy District Court of Ivanovo
9 November 2017 - the Ivanovo Regional Court upheld refusal.
17 December 2018 the interim measure staying the applicant’s expulsion to Syria applied; 
60000/18*
26/12/2018
Z.A.
01/05/1985, Aleppo, Syria
Furmanov
 
Irina Yevgenyevna SOKOLOVA
 
Detention pending expulsion
 
27 November 2018 – 30 January 2019 (CUVSIG Furmanov, the Ivanovo Region) (2 months);
 
27 November 2018 – arrested;
28 November 2018 - the Frunzenskiy District Court of Ivanovo ordered the applicant’s detention;
 
21 January 2019 - the Frunzenskiy District Court of Ivanovo granted the bailiff’s request for extension of detention until 28 March 2019;
 
30 January 2019 – the Ivanovo Regional Court quashed the order of extension of detention and ordered the applicant’s release as “it may take some time to have [his case] resolved, due to which the detention will be ungrounded and incompatible with the principle of fairness.”
 
Expulsion proceedings
 
28 November 2018 - the Frunzenskiy District Court of Ivanovo ordered the applicant’s administrative removal;
6 December 2018 - the Ivanovskiy Regional Court;
 
29 December 2018 - the Frunzenskiy District Court of Ivanovo returned the applicant’s request for suspension of expulsion and for release following the application of the interim measure by the Court as being non-compliant with the filing requirements (no translated copy of the R39 decision provided);
09 January 2019 - the Ivanovo Regional Court ordered examination anew of the applicant’s request.
Temporary Asylum Proceedings
 
12 April 2016 - granted temporary asylum status for one year;
31 March 2017 - refusal of the authorities to renew the temporary asylum status;

4 May 2017 - the Oktyabrskiy District Court of Ivanovo upheld the refusal.
 
10 October 2018 - new application allegedly not taken by the authorities;
27 December 2018 the interim measure staying the applicant’s expulsion to Syria applied; 
60001/18*
26/12/2018
O.S.
01/05/1987, Aleppo, Syria
Furmanov
 
Irina Yevgenyevna SOKOLOVA
Detention pending expulsion
 
27 November 2018 – 30 January 2019 (CUVSIG Furmanov, the Ivanovo Region) (2 months);
 
27 November 2018 - the Frunzenskiy District Court of Ivanovo ordered the applicant’s detention;
 
21 January 2019 - the Frunzenskiy District Court of Ivanovo granted the bailiff’s request for extension of detention until 28 March 2019;
 
30 January 2019 – the Ivanovo Regional Court quashed the order of extension of detention and ordered the applicant’s release as “it may take some time to have [his case] resolved, due to which the detention will be ungrounded and incompatible with the principle of fairness.”
 
Expulsion proceedings
 
28 November 2018 - the Frunzenskiy District Court of Ivanovo ordered the applicant’s administrative removal;
 
6 December 2018 - the Ivanovskiy Regional Court
 
29 December 2018 - the Frunzenskiy District Court of Ivanovo returned the applicant’s request for suspension of expulsion and for release following the application of the interim measure by the Court as being non-compliant with the filing requirements (no translated copy of the R39 decision provided);
16 January 2019 - the Ivanovo Regional Court ordered examination anew of the applicant’s request.
 
 
 
Refugee status proceedings
 
2014, July 2018 – refusal to grant refugee status, no appeal filed.
 
 
Temporary Asylum Proceedings
 
July 2018 – request for temporary asylum filed;
 
16 January 2019 – the migration official visited the applicant to interview in respect of the request for temporary asylum;
27 December 2018 the interim measure staying the applicant’s expulsion to Syria applied
 

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