Communicated on 19 November 2019
THIRD SECTION
Application no. 41174/19
R.K. against Russia
and 2 other applications – see appended list
STATEMENT OF FACTS
The applicants are Syrian nationals. They are represented by Ms I. Ye. Sokolova, a lawyer practising in Ivanovo. 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 and did not leave the country upon the expiry of the term of their stay. They were subsequently 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 they would face a real risk of being subjected to death and/or torture and/or ill- treatment in the event of their removal to Syria.
The applicants also complain under Article 13 of the Convention that they did not have at their disposal an effective domestic remedy in respect of their complaints under Articles 2 and 3.
Lastly, the applicants in applications nos. 41176/19 and 41179/19 complain that their detention pending expulsion has been in breach of Article 5 § 1 (f) of the Convention.
QUESTIONS TO THE PARTIES
COMMON QUESTIONS
1. In case of their removal to Syria would the applicants face a real risk of death or ill-treatment 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 involuntary return there?
2. 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?
CASE SPECIFIC QUESTION
Applications nos. 41176/19 and 41179/19
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?
APPENDIX
No.
Application no.
lodged on
applicant’s initials
date of birth
place of residence
Detention pending expulsion
Removal proceedings
Refugee status/Temporary asylum proceedings
Interim measure
41174/19*
05/08/2019
R.K.
20/08/1980
Ivanovo
11 June 2019 - 9 August 2019; currently NOT in detention.
11 June 2019 - the Leninskiy District Court of Ivanovo, - detention ordered pending expulsion proceedings;
9 August 2019 - the Leninskiy District Court of Ivanovo examined the applicant’s request to suspend expulsion proceedings and release the applicant; released the applicant owing to the application of the interim measure by the Court.
Removal proceedings
3 November 2017 - the Frunzenskiy District Court of Ivanovo found the applicant guilty of violating migration regulations and fined him;
11 June 2019 - the Leninskiy District court of Ivanovo, found the applicant guilty of violating migration regulations and ordered his detention;
20 June 2019- the Ivanovo Regional Court confirmed on appeal.
Temporary asylum proceedings
13 June 2013 - 13 July 2017 - held temporary asylum status, did not seek renewal, for unspecified reasons.
19 February 2019 - refusal to grant temporary asylum status issued by the migration service, no appeal lodged because in the applicant’s view, "no Syrian has received temporary asylum [in Russia] since 2017".
applied on 5 August 2019, for the duration of the proceedings before the Court.
41176/19
05/08/2019
A.A.
24/04/1984
Furmanov
Detention pending expulsion
25 July 2019 - currently
9 August 2019 - the applicant requested the Frunzenskiy District court of Ivanovo to suspend expulsion proceedings and release the applicant, no information has been provided to the Court about the progress/outcome of these proceedings.
Removal proceedings
25 July 2019 - the Frunzenskiy District court of Ivanovo found the applicant guilty of violating migration regulations and ordered his detention;
1 August 2019 - the Ivanovo Regional Court upheld on appeal.
Refugee status proceedings
5 December 2016 - the applicant’s request for a refugee status refused by the migration service in the Ivanovo region;
Temporary asylum proceedings
3 March 2017 the applicant’s request for temporary asylum refused by the migration service in the Ivanovo region;
25 April 2017 the Oktyabrskiy District Court of Ivanovo dismissed the applicant’s appeal;
15 June and 22 December 2017 the Ivanovo Regional Court confirmed on appeal and cassation appeal;
28 May 2018 - the Supreme Court of Russia confirmed in cassation appeal (the applicant did not provide the text of the judgment of the Court).
applied on 5 August 2019, for the duration of the proceedings before the Court.
41179/19
05/08/2019
A.A.
27/01/1978
Furmanov
Detention pending expulsion
5 July 2019 - currently
5 July 2019 the Oktyabrskiy District court of Ivanovo ordered the applicant’s detention due to his failing to leave Russia voluntarily, as per court order of 17 January 2019;
18 July 2019 - the Ivanovo Regional Court confirmed on appeal.
13 August 2019 - the applicant requested the Frunzenskiy District court of Ivanovo to suspend expulsion proceedings and release the applicant, no information has been provided to the Court about the progress/outcome of these proceedings.
Removal proceedings
17 January 2019 - the Frunzenskiy District court of Ivanovo, found the applicant guilty of violating migration regulations and ordered his "controlled voluntary departure";
29 January 2019 - the Ivanovo Regional Court upheld on appeal.
Refugee status proceedings
5 March 2015 the request of the applicant for refugee status refused by the migration service in the Ivanovor Region, no appeal filed.
Temporary asylum proceedings
2 June 2017 - the applicant’s request for temporary asylum refused by the migration service in the Ivanovo region;
31 August 2017 the Oktyabrskiy District Court of Ivanovo dismissed the applicant’s appeal against refusal to grant temporary asylum;
5 December 2017 and 21 May 2018 the Ivanovo Regional Court confirmed on appeal and cassation appeal;
16 August 2018 - the Supreme Court of Russia confirmed in cassation appeal.
applied on 5 August 2019, for the duration of the proceedings before the Court.
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