Communicated on 14 January 2020
Published on 3 February 2020
THIRD SECTION
Application no. 48352/19
Ykalo Solomon TEWELDE and others against Russia
and 3 other applications
(see list appended)
1. The applicants are Eritrean nationals. Their personal details and the information on the relevant domestic proceedings are set out in the appended table.
2. The applicants are represented before the Court by Ms E. Davidyan, Ms D. Trenina and Mr K. Zharinov, lawyers practising in Moscow.
3. The facts of the cases, as submitted by the applicants, may be summarised as follows.
4. On various dates the applicants, who either faced mandatory military or national service or were performing it, left Eritrea for Sudan. In 2018 they travelled to Russia using Fan IDs, which provided visa-free entry during the 2018 FIFA World Cup Russia.
5. Subsequently on various dates they were apprehended by the Russian authorities for overstaying their visa-free period and the national courts ordered their administrative removals. The applicants’ allegations of risks under Article 3 of the Convention were dismissed as unsubstantiated.
6. The applicants were placed in detention pending removal and are currently detained.
7. The applicants’ refugee status and temporary asylum requests were dismissed by the Russian authorities.
COMPLAINTS
8. The applicants complain under Article 3 of the Convention that they would be exposed to a real risk of ill-treatment in case of their removal to Eritrea.
9. They further complain under Article 5 §§ 1 (f) and 4 of the Convention that their detention pending removal is unlawful and that they have no access to an effective procedure for the review of their continued detention.
QUESTIONS TO THE PARTIES
1. In respect of the applicants’ complaints under Article 3 of the Convention, did they exhaust the available domestic remedies by raising the relevant complaints in the administrative removal proceedings?
2. Would the applicants face a real risk of being subjected to treatment in breach of Article 3 of the Convention in the event of their removal to Eritrea (see Chahal v. the United Kingdom, 15 November 1996, § 80, Reports of Judgments and Decisions 1996‑V)? The parties are invited to provide individual answers in respect of each applicant with reference to their individual circumstances.
3. Were the applicants deprived of their liberty in breach of Article 5 § 1 of the Convention? Was their detention lawful within the meaning of Article 5 § 1 (f) of the Convention? Did they have access to a procedure allowing for judicial review of their continued detention as required by Article 5 § 4 of the Convention (see A. and Others v. the United Kingdom [GC], no. 3455/05, §§ 162-64, ECHR 2009, and Chahal, cited above, §§ 126-29)?
APPENDIX
No.
Application
no.
Lodged on
Applicant name
date of birth
Administrative removal proceedings
48352/19
15/10/2019
Ykalo Solomon TEWELDE
10/02/1995
Tesfamiryam Tekle MIRYAM
01/01/1992
Brhane Habtemichael BEILUL
12/07/1997
Mohammednur Siyed IDRIS
01/01/1990
Mr TEWELDE, Ms MIRYAM, Ms BEILUL
21 November 2018 –ordered by the Pechorskiy District Court of Pskov Region
28 December 2018 – upheld by the Pskov Regional Court
Mr IDRIS
24 October 2018 – ordered by the Pskov Town Court of Pskov Region
19 November 2018 – upheld by the Pskov Regional Court
48496/19
15/10/2019
Goitom Belay HABEN
14/05/1985
Welday Teklehaymanot HABTEAB
01/01/1985
21 November 2018 – ordered by the Pechorskiy District Court of Pskov Region
28 December 2018 – upheld by the Pskov Regional Court
48720/19
15/10/2019
Zereit Okibamichael TSGEWYIN
01/01/1994
21 November 2018 – ordered by the Pechorskiy District Court of Pskov Region
28 December 2018 – upheld by the Pskov Regional Court
48773/19
15/10/2019
Teklit Abraham ROBIEL
08/08/1987
Temnewo Mehari SEMERE
15/06/1986
Kidane Teklehaymanot GARBAY
02/09/1994
Habtetsion Veldeyhannes LWAM
28/07/1991
24 October 2018 – ordered by the Pskov Town Court of Pskov Region
19 November 2018 – upheld by the Pskov Regional Court
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