L.M. AND OTHERS v. RUSSIA JUDGMENT
35
in compliance with the letter of the national law. Furthermore, in view of
the succinct arguments about the situation in Syria submitted by the
applicants during the court hearings, it could reasonably be said that during
this initial period of detention, action was being taken against the applicants
with a view to deportation, as it appears that at that stage the authorities
were still investigating whether their removal would be possible (see
Gebremedhin [Gaberamadhien] v. France, no. 25389/05, § 74, ECHR
2007-II).
148. However, in the statements of appeal submitted to the Kaluga
Regional Court the applicants clearly indicated, with reference to the
relevant Russian sources, that no expulsions to Syria were possible (see
paragraph 12). On 27 May 2014 the Regional Court upheld the decisions to
expel and detain them, without addressing the arguments concerning the
possibility of expulsion. In a separate ruling, the Regional Court refused to
endorse L.M.’s request to have the sanction of expulsion lifted, referring
only to the administrative offence he had committed (see paragraph 14
above). In June 2014 the Federal Bailiff Service requested the same court to
postpone the decisions to expel, indicating that the expulsion could not be
carried out. The court again refused, referring to the absence of any legal
grounds to postpone the expulsion (see paragraph 15-17 above). As a result,
even though there existed sufficient material indicating that no action could
be taken with a view to deportation, the applicants’ detention has been
validated. L.M. and M.A. remain in detention to date, while A.A. escaped
and has been at large since August 2014. Accordingly, in the circumstances
of the present case the Court concludes that it cannot be said that after
27 May 2014 the applicants were persons “against whom action [was] being
taken with a view to deportation or extradition”. Their detention effectuated
after that date was not, therefore, permissible under the exception to the
right to liberty set out in Article 5 § 1 (f) of the Convention.
149. The Court reiterates that under Russian law there are no provisions
which could have allowed the applicants to bring proceedings for a judicial
review of their detention pending expulsion, and no automatic review of
detention at regular intervals (see Azimov, cited above, § 153, and the
Court’s findings under Article 5 § 4 above). As a result, even though as
noted above no real action has been taken since 27 May 2014 with a view to
expulsion, the applicants remain in detention without any indication of the
time-limit or conditions related to the possibility of review having been
added.
150. Moreover, the Court has already pointed to the absence of clarity as
regards the applicants’ situation after the expiry of the two-year period for
the execution of decisions under Article 31.9 § 1 of the Code of
Administrative Offences, since they will clearly remain in an irregular
situation in terms of immigration law and could again be liable to expulsion
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