L.M. AND OTHERS v. RUSSIA JUDGMENT
23
Russian had not been aware of the need to obtain the decision. This
information was apparent from the Government’s observations of
10 September 2014 where they had stressed that A.A. had not taken the
necessary steps to obtain the decision of 13 August 2013. The remedies had
been inaccessible in practice, and therefore unavailable to the applicants.
96. The applicants next stressed that the “retractions” signed by them at
the detention centre had been obtained under duress and in the absence of
contact with their representatives, without any understanding of what they
had been doing. This was confirmed by the applicants’ subsequent
submissions and statements.
97. As to M.A., he had not retracted his latest request for asylum which
had been rejected on 19 September 2014. Again, he had been unable to
obtain the decision in full and prevented from having any meaningful
contact with his relatives or representatives to challenge the decision. This
information was fully corroborated by M.A.’s relatives and his complaint.
98. In the applicants’ view, the above circumstances also disclosed a
breach of Article 13, since they had failed to obtain a meaningful review of
their claims of fear for life and security if returned, in any of the procedures
used.
B. The Court’s assessment
1. Admissibility
99. The Court should first address the Government’s argument of
non-exhaustion. It notes that the applicants had raised their fears of
treatment in breach of Articles 2 and 3 if returned to Syria in three types of
procedure: those concerning their administrative expulsion for illegal
residence, and those concerning refugee status and temporary asylum. The
applicants claimed that while the administrative expulsion proceedings had
been completed and the decisions of the courts to expel them remained in
force, the determination of their refugee status and temporary asylum had
turned out to be ineffective and inaccessible.
100. The Court first notes that Russian legislation prohibits the removal
of persons whose requests for refugee status and/or temporary asylum are
pending (see paragraphs 66 and 67 above). It points out that where an
applicant seeks to prevent his or her removal from a Contracting State, a
remedy will only be effective if it has automatic suspensive effect.
Conversely, where a remedy does have automatic suspensive effect, the
applicant will normally be required to use that remedy. Judicial review,
where it is available and where the lodging of an application for judicial
review will operate as a bar to removal, must be regarded as an effective
remedy which, in principle, applicants will be required to exhaust before
lodging an application with the Court or indeed requesting interim measures
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