L.M. AND OTHERS v. RUSSIA JUDGMENT
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the governorate of Rural Damascus, followed by Aleppo, Homs, Idlib, Dera’a and
Hama governorates. The deterioration of Syria’s healthcare system has reportedly
resulted in thousands of ordinarily preventable deaths from chronic diseases,
premature deaths due to normally nonfatal infectious diseases, neonatal problems and
malnutrition. In addition, the conflict has resulted in hundreds of thousands of people
wounded, often resulting in long-term disabilities, and many more suffering from the
psychological consequences of having been witness to violence, the loss of family
members, displacement and deprivation.
Forced Displacement
5. The conflict in Syria has caused the largest refugee displacement crisis of our
times, with Syrians now the world’s largest refugee population under UNHCR’s
mandate. It continues to generate increasing levels of displacement each day with an
average of 100,000 refugees arriving in host countries in the region every month in
2014. Since March 2014, the Syria conflict has resulted in nearly half of the
population displaced, comprising 6.45 million inside Syria and over 3.2 million
registered refugees who have fled to neighbouring countries. ...
Human Rights Situation and Violations of International Humanitarian Law
8. The protection situation in Syria has progressively and dramatically deteriorated.
According to the UN Secretary-General, “[T]he conflict continues to be characterized
by horrendous violations of international humanitarian law and human rights abuses,
with a total disregard for humanity” and the Independent Commission of Inquiry
summarized in its most recent report the impact of the conduct of the warring parties
on civilians as “immeasurable suffering”. Parties to the conflict are reported to
commit war crimes and gross violations of human rights, including acts amounting to
crimes against humanity, with widespread impunity. ...
Access to Territory and the Right to Seek Asylum
21. UNHCR characterizes the flight of civilians from Syria as a refugee movement.
Syrians, and Palestine refugees who had their former habitual residence in Syria,
require international protection until such time as the security and human rights
situation in Syria improves significantly and conditions for voluntary return in safety
and dignity are met. ...
Assessing Individual Asylum Claims
26. While the majority of Syrians and others leaving the country remain in the
region, the numbers of individuals who arrive in countries further afield and seek
international protection are increasing. Their claims need to be assessed in fair and
efficient procedures. UNHCR considers that most Syrians seeking international
protection are likely to fulfil the requirements of the refugee definition contained in
Article 1A(2) of the 1951 Convention relating to the Status of Refugees, since they
will have a well-founded fear of persecution linked to one of the Convention grounds.
For many civilians who have fled Syria, the nexus to a 1951 Convention ground will
lie in the direct or indirect, real or perceived association with one of the parties to the
conflict. In order for an individual to meet the refugee criteria there is no requirement
of having been individually targeted in the sense of having been “singled out” for
persecution which already took place or being at risk thereof. Syrians and habitual
residents of Syria who have fled may, for example, be at risk of persecution for reason
of an imputed political opinion because of who controls the neighbourhood or village
where they used to live, or because they belong to a religious or ethnic minority that is
associated or perceived to be associated with a particular party to the conflict. In this
regard, UNHCR welcomes the increased granting of refugee status to asylum-seekers
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