20
L.M. AND OTHERS v. RUSSIA JUDGMENT
Federation. The possibility of legislative amendments would be considered
in December 2015.
THE LAW
I. JOINDER OF THE APPLICATIONS
83. In accordance with Rule 42 § 1 of the Rules of Court, the Court
decides to join the applications, given their similar factual and legal
background.
II. ALLEGED VIOLATION OF ARTICLES 2, 3 AND 13 OF THE
CONVENTION ON ACCOUNT OF THE APPLICANTS’ ORDERED
EXPULSION TO SYRIA
84. The applicants complained that their expulsion to Syria, if carried
out, would be in breach of their right to life and the prohibition on torture,
inhuman and degrading treatment, as provided in Articles 2 and 3 of the
Convention. They also stressed that they had no effective domestic remedies
in respect of these violations, in breach of Article 13. The provisions read as
follows, in so far as relevant:
Article 2
“1. Everyone’s right to life shall be protected by law. ...”
Article 3
“No one shall be subjected to torture or to inhuman or degrading treatment or
punishment.”
Article 13
“Everyone whose rights and freedoms as set forth in [the] Convention are violated
shall have an effective remedy before a national authority notwithstanding that the
violation has been committed by persons acting in an official capacity.”
A. Arguments of the parties
1. The Government
85. The Government claimed that the applicants had failed to exhaust
domestic remedies. At the time of lodging their complaints, their
applications for asylum and/or temporary asylum had not yet been
considered in the final instance. Furthermore, they had not lodged their
requests until after their arrest for breaching immigration rules.
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