L.M. AND OTHERS v. RUSSIA JUDGMENT
19
“1.4 Policy Summary
Case-law has established that it is likely that a failed asylum seeker or forced
returnee would, in general, on return to Syria face a real risk of arrest and detention
and of serious mistreatment during that detention as a result of imputed political
opinion. The position might be otherwise in the case of someone who,
notwithstanding a failed claim for asylum, would still be perceived on return to
Syria as a supporter of the Assad regime.
Most Syrian nationals are therefore likely to qualify for refugee protection unless
excluded.
Where a person is excluded from refugee protection they will also be excluded from
Humanitarian Protection but may be entitled to Discretionary leave or Restricted
Leave.
The humanitarian crisis, which continues to deteriorate, is such that for most
returnees removal would be a breach of Article 3 ECHR.
The level of indiscriminate violence in the main cities and areas of fighting in Syria
is at such a level that substantial grounds exist for believing that a person, solely by
being present there for any length of time, faces a real risk of harm which threatens
their life or person.
Internal relocation within Syria to escape any risk from indiscriminate violence is
extremely unlikely to be possible or reasonable because of the highly limited ability
to move, and move safely, from one part of Syria to another part of the country and
the unpredictability of the violence in areas of proposed relocation coupled with the
humanitarian situation for those internally displaced.”
81. In his twelfth report issued on 19 February 2015 on the
implementation of Security Council resolutions 2139 (2014), 2165 (2014)
and 2191 (2104) on Syria, the Secretary-General of the United Nations
observed, inter alia, that widespread conflict and high levels of violence
continued throughout the country and that the conduct of the hostilities by
all parties continued to be characterised by a widespread disregard for the
rules of international humanitarian law and the protection of civilians.
IV. INFORMATION DOCUMENT ABOUT EXECUTION OF THE
JUDGMENT IN KIM V. RUSSIA (No. 44260/13)
82. A document entitled “Communication from the Russian Federation
concerning the case of Kim against Russian Federation (Application
no. 44260/13) DH-DD(2015)527” contained an action plan aimed at
execution of the judgment which had found a breach of Article 3 and
Article 5 § 1 (f) and 5 § 4 on account of the conditions of detention,
detention itself and the absence of review during the two years pending the
applicant R.A. Kim’s expulsion. The Government indicated that the
judgment had been translated into Russian and placed on several
professional portals, including that of the Prosecutor General’s Office,
Ministry of the Interior and the Russian Supreme Court’s intranet site, thus
making it available to all the judges of general jurisdiction in the Russian
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