2
L.M. AND OTHERS v. RUSSIA JUDGMENT
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
6. The applicants are Syrian nationals or had their habitual residence in
Syria. At the time of lodging their applications they were detained at a
detention centre for foreign nationals in the town of Maloyaroslavets,
Kaluga Region (ОСУСВИГ – “the detention centre”), run by the local
Federal Migration Service (“FMS”).
A. The applicants’ personal details
7. The applicant L.M. (application no. 40081/14) was born in 1988. He
entered Russia on 9 February 2013. He was detained on 14 April 2014. He
is a stateless Palestinian who had his habitual residence in Syria. He was not
in possession of a valid national ID at the time of detention, and his identity
was established by an immigration officer in Russia in 2014.
8. The applicant A.A. (application no. 40088/14) was born in 1987. He
entered Russia on 21 April 2013. He was detained on 15 April 2014.
9. The applicant M.A. (application no. 40127/14) was born in 1994. He
entered Russia on 21 April 2013. He was detained on 15 April 2014 and has
a brother, Mr Akhmad A., who received temporary asylum in Russia and is
married to a Russian national, Albina A.
B. The applicants’ arrest and expulsion proceedings
10. On 14 and 15 April 2014 (see Appendix) the applicants were
detained by the police and officers of the FMS at a clothing factory in
Maloyaroslavets.
11. On 15 and 16 April 2014 (see Appendix) the Maloyaroslavets
District Court (“the District Court”) examined the applicants’ administrative
files, found them guilty of administrative offences (breach of immigration
rules and working without a permit) and ordered them to pay fines of
between 2,000 and 3,000 Russian roubles (RUB) and their expulsion to
Syria, in line with the procedure under Article 3.10 § 1 of the Code of
Administrative Offences. The applicants all stated in court that they feared
for their lives if returned to Syria and referred to information about the
ongoing and widespread conflict there. The court found these statements to
be general in nature and unsupported by any relevant evidence. The
applicants also referred to the absence of work in Syria and the fact that in
Russia they had been able to work illegally. The District Court then focused
on the economic motives of their arrival and illegal stay. Pending expulsion
the court ordered their detention at the detention centre.