L.M. AND OTHERS v. RUSSIA JUDGMENT
5
22. The Government further submitted that since their observations had
been based on the replies of the competent State authorities prepared on
4 and 8 August 2014, no information about A.A.’s escape had been
provided at that stage. They also submitted that the detention centre had
been under no obligation to inform detainees’ representatives of the escape,
hence why it had not done so in A.A.’s case.
23. The applicants’ representative confirmed that she had not been
aware of A.A.’s escape prior to the meeting with the two other applicants on
17 December 2014 and submitted that she had no knowledge of A.A.’s
current whereabouts.
D. Proceedings for refugee and asylum status in Russia
1. A.A.’s first application for asylum
24. From the documents submitted by the Government in December
2014, it appears that A.A. sought refugee status in Russia on 5 March 2014
by applying to the Moscow Region FMS. On 11 March 2014 this request
was accepted for consideration on the merits and the applicant was
questioned and issued with an appropriate document.
25. On 26 March 2014 A.A.’s application for refugee status was
dismissed. The decision of the FMS stated that he had submitted no
information to support his claims of persecution in Syria. His family
remained in that country and he could have used the “internal flight
alternative” to another part of Syria, or claimed asylum in a transit country.
He reasoned his request to remain in Russia by his wish to work there and
did not therefore fall under the definition of refugee.
26. The applicant did not obtain a copy of that decision and did not
appeal against it.
2. The applicants’ claims of asylum after arrest
27. After their arrest the three applicants applied for refugee status. They
submitted the relevant applications to the local FMS in Kaluga; M.A. and
A.A. on 14 May 2014 and L.M. on 21 May 2014.
28. On 28 May 2014 the three applicants also submitted requests for
temporary asylum in Russia, which were drawn up in Russian and translated
by Z.A.
29. In June 2014 the three applicants were questioned by the Kaluga
FMS. They indicated that the reasons for their departure from Syria were
the war and danger to their lives. A.A. stated that he was from Aleppo and
had lost contact with his family, parents and siblings after his departure in
2013. M.A. stated that he had fled Aleppo after his neighbourhood had been
taken over by “terrorists” who had killed dozens of people there, including
his close male relatives, which he had witnessed. He had also lost contact