AUAD v. BULGARIA JUDGMENT
37
densely populated and not under the control of any single faction, appears to
be one of the more chaotic and violent camps, where Fatah and various
radical Islamist groups have for decades been engaged in a conflict of
varying degrees of intensity. Since 2007, there has been a string of violent
clashes between Fatah and Jund al-Sham, which is reported to have about
fifty armed men at its disposal. Although in late 2010 the Jund al-Sham
suffered some setbacks, including the death of a leader, it reengaged in
armed clashes with Fatah in March and April of this year. In addition, there
appear to exist power struggles within the ranks of Fatah itself. They,
together with corruption within the movement, have apparently contributed
to various security breakdowns. One of those internal divisions is pitting the
applicant’s purported “protector”, Mounir Maqdah (see paragraph 9 above),
against other figures in Fatah. It is therefore not readily apparent that Fatah,
despite its relative dominance in Ain al-Hilweh, would be able to provide
the applicant with effective protection. Nor is it apparent that the applicant
would be able to settle in another Palestinian refugee camp. Fatah
apparently does not have strong positions in the camps in northern Lebanon,
where the radical Islamist groups are more powerful. Those circumstances,
coupled with the applicant’s personal account, amount to at least prima
facie evidence capable of proving that there are substantial grounds for
believing that he would be exposed to a real risk of being subjected to
treatment contrary to Article 3 if expelled to Lebanon. Having regard to the
information referred to above, the Court is not persuaded that the situation
has evolved to an extent that the findings made by the State Refugees
Agency in October 2009 on the question of risk are no longer valid. Indeed,
as recently as 19 April 2011 the Secretary-General of the United Nations
reported on violent clashes in Ain al-Hilweh and estimated that there still
existed a threat of violence inside the Palestinian refugee camps (see
paragraph 73 above). The burden is therefore on the State to dispel any
doubts in that regard.
104. However, no evidence has been presented by the Government in
relation to that issue. In that connection, it is noteworthy that when issuing
and reviewing the decision to expel the applicant, the competent domestic
authorities and courts did not try to make any assessment of that risk. The
expulsion order and the proposal for one to be issued gave no consideration
to this matter (see paragraphs 14 and 15 above). In the ensuing judicial
review proceedings, the Supreme Administrative Court expressly stated that
the applicant’s fear that his life would be at risk in Lebanon was irrelevant
(see paragraph 23 above). The Court is therefore unable to conclude that the
Bulgarian authorities have duly addressed the applicant’s concerns with
regard to Article 3 (see, mutatis mutandis, Khodzhayev v. Russia,
no. 52466/08, § 104, 12 May 2010, and Khaydarov v. Russia, no. 21055/09,
§§ 112-14, 20 May 2010). Their uncorroborated assertions that he is not
who he says he is, but is a member of a militant Jihadist organisation who is
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