26
L.M. AND OTHERS v. RUSSIA JUDGMENT
2. Merits
(a) General principles
108. The relevant general principles concerning the application of
Article 3 have recently been summarised by the Court in Mamazhonov
v. Russia (no. 17239/13, §§ 127-35, 23 October 2014). They also apply with
regard to Article 2 of the Convention (see, for example, Kaboulov
v. Ukraine, no. 41015/04, § 99, 19 November 2009, and M.A. v. Cyprus,
cited above, § 133). In the present case, the issues under Articles 2 and 3 of
the Convention are indissociable and the Court will therefore examine them
together (see K.A.B. v. Sweden, no. 886/11, § 67, 5 September 2013).
109. In respect of applications lodged in Russia, primarily by applicants
originating from the countries of Central Asia, the Court has identified the
critical elements to be subjected to a searching scrutiny. Firstly, it has to be
considered whether an applicant has presented the national authorities with
substantial grounds for believing that he faces a real risk of ill-treatment in
the destination country. Secondly, the Court will inquire into whether the
claim has been assessed adequately by the competent national authorities
discharging their procedural obligations under Article 3 of the Convention
and whether their conclusions were sufficiently supported by relevant
material. Lastly, having regard to all of the substantive aspects of a case and
the available relevant information, the Court will assess the existence of the
real risk of suffering torture or treatment incompatible with Convention
standards (see Mamazhonov, cited above, §§ 136-37, with further
references).
(b) Existence of substantial grounds for believing that the applicants face a
real risk of death and/or ill-treatment and their assessment by the national
authorities
110. In view of the above, the Court will focus primarily on the
examination of the applicants’ complaint in the context of the proceedings
under the Code of Administrative Offences (see paragraphs 100-04). The
Court notes that in these proceedings the applicants challenged the
possibility of expulsion. They argued that they originated from Aleppo and
Damascus, where heavy and indiscriminate fighting has been raging since
2012. In addition to the general information on the conflict in Syria, they
pointed out the practice of the FMS in respect of people originating from
Syria and the UNHCR recommendation not to carry out expulsions to Syria,
as well as information from the Federal Bailiff Service on the impossibility
of ensuring travel there. The applicants referred to a similar case decided in
St. Petersburg where the City Court concluded that expulsion could not be
carried out and lifted the additional punishment of expulsion (see
paragraphs 12 and 72 above). The statements of appeal also referred to the
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