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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