L.M. AND OTHERS v. RUSSIA JUDGMENT
15
above, he altered the decisions of the lower courts and excluded the penalty
of expulsion. The decision also ordered M.A.R.’s release from the police
detention centre.
72. On 13 February 2014 the Leningrad Regional Court issued a
decision in the case of a Syrian national, Mr Akhmad A. On 24 January
2014 a district court had found him guilty of an administrative offence
under Article 18.8 of the Code of Administrative Offences, fined him and
ordered his administrative removal. The Regional Court noted that
Mr Akhmad A. had applied for temporary asylum in Russia, and that on
30 August 2013 the Federal Bailiff Service had confirmed that it was
impossible to travel to Syria. It thus excluded the additional penalty of
administrative removal and ordered the defendant’s release from the FMS
detention centre.
73. In another decision of unclear date in 2014, the Moscow Regional
Court altered the decision of the Balashikha District Court which had found
Syrian national “AM” guilty of breach of Article 18.8 of the Code of
Administrative Offences. The district court had imposed a fine and ordered
“AM” to leave; he had not been placed in detention. The Regional Court
referred to the international documents on human rights which prohibit
return in cases of danger to life and limb. It took note of the UNCHR
recommendation of October 2013 to refrain from involuntary returns and
noted the claimant’s intention to launch a request for asylum in Russia. In
such circumstances, it quashed the order to leave.
E. Conditions of detention
74. On 30 December 2013 the Russian Government adopted Decree
No. 1306 containing rules on the confinement of foreign nationals pending
their expulsion/deportation pursuant to an administrative decision. The rules
entered into force on 1 January 2014.
75. According to the rules, people confined to centres created and run by
the Federal Migration Service have no right to leave. The rules establish a
minimum of six square metres per person as a health and safety regulation,
or four and half metres in rooms containing bunk beds. The centres should
have medical staff available to examine people upon arrival and before they
are discharged, and provide them with medical treatment if necessary. The
rules further detail the rights and obligations of people in confinement, food
rations and hygiene products distributed to inmates.
III. RELEVANT INFORMATION ABOUT THE SITUATION IN SYRIA
AND THE SITUATION OF REFUGEES
76. The 8th report of the independent international commission of
inquiry on the Syria Arab Republic, established on 22 August 2011 by the
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