Published on 8 November 2021

THIRD SECTION

Application no. 51958/20 B.A. against Russia lodged on 30 November 2020 communicated on 13 October 2021

SUBJECT MATTER OF THE CASE

The applicant is a Syrian national, who was born in 1991 in Latakia. He came to Russia in 2013, allegedly due to armed conflict in Syria.

On 13 November 2020 the applicant was arrested. On 30 November 2020 the Pskov Regional Court by final and enforceable decision convicted the applicant of violation of migration rules and ordered his administrative removal and placement in a detention centre for illegal aliens. The applicant’s requests for refugee status and temporary asylum were dismissed.

On 27 September 2021 the applicant was released from detention.

On 30 November 2020 the Court decided to indicate to the respondent Government, under Rule 39 of the Rules of Court, that the applicant should not be removed from Russia for the duration of the proceedings before it. The Court further decided to give priority to the application and grant anonymity to the applicant (Rules 41 and 47 § 4 of the Rules of Court).

The applicant complains under Articles 2 and 3 of the Convention that he would face a real risk of being subjected to death and/or ill-treatment in the event of his removal to Syria, and under Article 5 §§ 1 (f) and 4 of the Convention about absence of specific time-limits of detention pending removal and no effective procedure for review of his continued detention.

QUESTIONS TO THE PARTIES

1. In the light of the general situation in Syria and the applicant’s personal circumstances, would he face a risk of being subjected to treatment in breach of Articles 2 and 3 of the Convention in event of his removal to his country of origin (see L.M. and Others v. Russia , nos. 40081/14 and 2 others, §§ 119-27, 15 October 2015, and S.K. v. Russia , no. 52722/15, §§ 55-63, 14 February 2017)?

2. Before deciding on the applicant’s removal, did the Russian authorities carry out an adequate and rigorous assessment of his claim about the risks of being subjected to treatment in breach of Articles 2 and 3 of the Convention in his country of origin (see Sufi and Elmi v. the United Kingdom , nos. 8319/07 and 11449/07, § 214, 28 June 2011, and F.G. v. Sweden [GC], no. 43611/11, § 119, 23 March 2016)?

3. Has the applicant been deprived of his liberty in breach of Article 5 § 1 of the Convention? In particular, has his detention pending removal been justified within the meaning of Article 5 § 1 (f) of the Convention? Did he have access to a procedure allowing for judicial review of his continued detention as required by Article 5 § 4 of the Convention (see Azimov v. Russia , no. 67474/11, §§ 149-74, 18 April 2013)?

The parties are requested to submit copies of all relevant documents.