14
L.M. AND OTHERS v. RUSSIA JUDGMENT
D. Situation of Syrian nationals in Russia
1. Situation of asylum seekers
68. On 30 August 2013 the Federal Bailiff Service issued a circular
letter to its regional branches, according to which no entry was possible into
Syrian territory in view of the hostilities there and therefore instructed them
to report any problems arising with the execution of court judgments
ordering expulsion to Syria to its head office.
69. The FMS produced statistics about the number of Syrian citizens
claiming refugee status and territorial asylum in Russia between 1 January
2011 and 1 November 2014. According to these figures, a total of
1,714 people from Syria had claimed refugee status in Russia; none had
been granted it. Over the same period, 3,165 such people had sought
temporary asylum and 2,523 had been granted it.
70. On 28 October 2014 the human rights NGO Civic Assistance issued
an information paper about the situation of Syrian refugees in Russia, which
stated that the FMS had started to grant temporary asylum to Syrian
nationals in 2013. By 1 September 2014, about 2,200 people had been
granted temporary asylum. Civic Assistance estimated that this represented
about a tenth of the number of Syrians who had arrived in Russia fleeing the
conflict. The report listed the reasons why many others had been unable to
obtain this status, including practical problems such as access, a lack of
information and interpreting services, the policy of some regions to refuse
asylum claims altogether and so forth. The report stated that the FMS, while
granting asylum status to many Syrian nationals, at the same time continued
to treat others as ordinary administrative offenders and supported their
expulsion to Syria, even though it was impossible to carry out. In 2014 the
FMS’s position towards Syrian asylum seekers hardened. Numerous
decisions from various regions had been brought to the attention of Civic
Assistance. They showed that the decisions to reject had systematically
referred to the absence of individual reasons for asylum.
2. Russian courts’ decisions in individual cases
71. On 13 December 2013 a judge of the Supreme Court, acting in
supervisory review procedure, altered the decisions of the Pyatigorsk Town
Court and the Stavropol Regional Court which had ordered fine and
administrative removal of M.A.R. (the decision had entered into force on
29 May 2013). The judge of the Supreme Court referred to the international
instruments prohibiting torture and ill-treatment and gave due weight to the
claimant’s arguments that he could not return in view of the hostilities. The
judge further noted the circular letter of 30 August 2013 of the Federal
Bailiff Service and a letter of the Stavropol regional ombudsman about the
civil war and dire humanitarian situation in Syria. On the strength of the
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