Communicated on 14 January 2020

Published on 3 February 2020

THIRD SECTION

Application no. 48352/19 Ykalo Solomon TEWELDE and others against Russia and 3 other applications (see list appended)

1 . The applicants are Eritrean nationals. Their personal details and the information on the relevant domestic proceedings are set out in the appended table.

2 . The applicants are represented before the Court by Ms E. Davidyan , Ms D. Trenina and Mr K. Zharinov , lawyers practising in Moscow.

3 . The facts of the cases, as submitted by the applicants, may be summarised as follows.

4 . On various dates the applicants, who either faced mandatory military or national service or were performing it, left Eritrea for Sudan. In 2018 they travelled to Russia using Fan IDs, which provided visa-free entry during the 2018 FIFA World Cup Russia.

5 . Subsequently on various dates they were apprehended by the Russian authorities for overstaying their visa-free period and the national courts ordered their administrative removals. The applicants ’ allegations of risks under Article 3 of the Convention were dismissed as unsubstantiated.

6 . The applicants were placed in detention pending removal and are currently detained.

7 . The applicants ’ refugee status and temporary asylum requests were dismissed by the Russian authorities.

COMPLAINTS

8 . The applicants complain under Article 3 of the Convention that they would be exposed to a real risk of ill-treatment in case of their removal to Eritrea.

9 . They further complain under Article 5 §§ 1 (f) and 4 of the Convention that their detention pending removal is unlawful and that they have no access to an effective procedure for the review of their continued detention.

QUESTIONS TO THE PARTIES

1. In respect of the applicants ’ complaints under Article 3 of the Convention, did they exhaust the available domestic remedies by raising the relevant complaints in the administrative removal proceedings?

2. Would the applicants face a real risk of being subjected to treatment in breach of Article 3 of the Convention in the event of their removal to Eritrea (see Chahal v. the United Kingdom , 15 November 1996, § 80, Reports of Judgments and Decisions 1996 ‑ V)? The parties are invited to provide individual answers in respect of each applicant with reference to their individual circumstances.

3. Were the applicants deprived of their liberty in breach of Article 5 § 1 of the Convention? Was their detention lawful within the meaning of Article 5 § 1 (f) of the Convention? Did they have access to a procedure allowing for judicial review of their continued detention as required by Article 5 § 4 of the Convention (see A. and Others v. the United Kingdom [GC], no. 3455/05, §§ 162-64, ECHR 2009, and Chahal , cited above, §§ 126-29)?

APPENDIX

No.

Application

no.

Lodged on

Applicant name

date of birth

Administrative removal proceedings

48352/19

15/10/2019

Ykalo Solomon TEWELDE

10/02/1995

Tesfamiryam Tekle MIRYAM

01/01/1992

Brhane Habtemichael BEILUL

12/07/1997

Mohammednur Siyed IDRIS

01/01/1990

Mr TEWELDE, Ms MIRYAM, Ms BEILUL

21 November 2018 –ordered by the Pechorskiy District Court of Pskov Region

28 December 2018 – upheld by the Pskov Regional Court

Mr IDRIS

24 October 2018 – ordered by the Pskov Town Court of Pskov Region

19 November 2018 – upheld by the Pskov Regional Court

48496/19

15/10/2019

Goitom Belay HABEN

14/05/1985

Welday Teklehaymanot HABTEAB

01/01/1985

21 November 2018 – ordered by the Pechorskiy District Court of Pskov Region

28 December 2018 – upheld by the Pskov Regional Court

48720/19

15/10/2019

Zereit Okibamichael TSGEWYIN

01/01/1994

21 November 2018 – ordered by the Pechorskiy District Court of Pskov Region

28 December 2018 – upheld by the Pskov Regional Court

48773/19

15/10/2019

Teklit Abraham ROBIEL

08/08/1987

Temnewo Mehari SEMERE

15/06/1986

Kidane Teklehaymanot GARBAY

02/09/1994

Habtetsion Veldeyhannes LWAM

28/07/1991

24 October 2018 – ordered by the Pskov Town Court of Pskov Region

19 November 2018 – upheld by the Pskov Regional Court