L.M. AND OTHERS v. RUSSIA JUDGMENT
29
122. The Court noted that “while these criteria [were] not to be seen as
an exhaustive list to be applied in all future cases”, they formed an
“appropriate yardstick by which to assess the level of violence in
Mogadishu in the context of that particular case” (ibid). In reaching its
conclusion about the level of violence in Mogadishu, the Court in Sufi and
Elmi (cited above) had regard to “the indiscriminate bombardments and
military offensives carried out by all parties to the conflict, the unacceptable
number of civilian casualties, the substantial number of persons displaced
within and from the city, and the unpredictable and widespread nature of the
conflict” (ibid., § 248).
123. Turning to the present case, the Court notes that it has not yet
adopted a judgment to evaluate the allegations of a risk of danger to life or
ill-treatment in the context of the ongoing conflict in Syria. This is
undoubtedly at least in part due to the fact that, as it appears from the
relevant UNHCR documents, most European countries do not at present
carry out involuntary returns to Syria. In October 2014 the UNHCR
“welcomed the positive protection practices of many European States with
respect to Syrian nationals, including a de facto moratoria on returns to
Syria, the decision to process Syrian claims in most countries, and high
protection rates” The latest UN reports describe the situation as a
“humanitarian crisis” and speak of “immeasurable suffering” of the
civilians, massive violations of human rights and humanitarian law by all
parties and the resulting displacement of almost half of the country’s
population (see paragraphs 76, 77, 80 and 81 above).
124. The Court notes that the applicants originate from Aleppo and
Damascus, where particularly heavy fighting has been raging. M.A. referred
to the killing of his relatives by armed militia who had taken over the
district where he lived, and feared that he would be killed too. L.M. is a
stateless Palestinian. According to UNHCR, “nearly all the areas hosting
large numbers of Palestinian refugees are directly affected by the conflict”.
This group was regarded by the UNHCR as being in need of international
protection. The Court further notes that the applicants are young men who,
in the view of the Human Rights Watch, are in particular danger of
detention and ill-treatment (see paragraph 79 above).
125. The above elements are sufficient for the Court to conclude that the
applicants have put forward a well-founded allegation that their return to
Syria would be in breach of Articles 2 and/or 3 of the Convention. The
Government have not presented any arguments or relevant information that
could dispel these allegations, nor referred to any special circumstances
which could ensure sufficient protection for the applicants if returned.
126. The foregoing considerations are sufficient to enable the Court to
conclude that if the applicants were expelled to Syria, it would be in breach
of Articles 2 and/or 3 of the Convention.
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