36
AUAD v. BULGARIA JUDGMENT
fears, which were plainly arguable in the light of the opinion delivered by
the State Refugees Agency (see paragraph 11 above). The Court will revert
to this matter in the context of Articles 13 and 46 (see paragraphs 121 and
139 below). In the light of the domestic court’s failings, it falls to the Court
to assess the question of risk with reference to the above-mentioned
principles.
102. When considering that question on 29 October 2009, the State
Refugees Agency was satisfied that there existed substantial grounds for
believing that there was a real risk that the applicant would face
ill-treatment or death in Lebanon, and granted him humanitarian protection,
based, firstly, on his particular circumstances and, secondly, on the general
situation in the Palestinian refugee camps in Lebanon. Its decision mainly
relied on the fact that the applicant had been a member of Fatah and had
been personally engaged in a violent conflict with members of a militant
group (Jund al-Sham) operating in the Palestinian refugee camp (Ain
al-Hilweh) where he had lived (see paragraph 11 above). Those findings
carry significant weight, for two reasons. First, that Agency is a specialised
body with particular expertise in this domain. Secondly, its officers were
able to conduct a personal interview with the applicant. They had an
opportunity to see, hear and assess his demeanour, and were thus in a
position to test the credibility of his fears and the veracity of his account
(see, mutatis mutandis, Ahmed v. Austria, 17 December 1996, § 42, Reports
1996-VI; Jabari v. Turkey, no. 40035/98, § 41, ECHR 2000-VIII;
Abdolkhani and Karimnia v. Turkey, no. 30471/08, §§ 82-83, 22 September
2009; and R.C. v. Sweden, no. 41827/07, § 52, 9 March 2010).
103. Moreover, this evidence cannot be considered in isolation. Instead,
it must be assessed against the background of the available information on
the situation in Lebanon and that of the Palestinian refugees there. It is true
that the situation in the country as a whole does not appear so serious that
the return of the applicant there would constitute, in itself, a breach of
Article 3 (see paragraph 58 above). However, it cannot be overlooked that
the applicant is a stateless Palestinian originating from a refugee camp in
Lebanon (see paragraphs 1 and 7 above). There is therefore a likelihood that
he would not be allowed to reside in Lebanon proper, but would have to
return to the camp from which he fled, Ain al-Hilweh. The information
available on the Palestinian refugee camps in general and Ain al-Hilweh in
particular (see paragraphs 52-55, 60, 62, 65-73, 77, 78, 80 and 82-88 above)
shows that they are not under the control of the Lebanese authorities, but of
various Palestinian armed factions. They are secluded from the rest of the
country, are often surrounded by Lebanese army checkpoints, and have been
described in reports as “beyond the [S]tate’s reach”, “de facto sanctuaries
for weapons” and “a safe heaven for those who seek to escape the authority
of the State”. They continue to be plagued by outbursts of violence and
armed clashes between various factions. Ain al-Hilweh, which is very
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