Communicated on 17 September 2019

THIRD SECTION

Application no. 16868/19 M.A. against Russia lodged on 28 March 2019

STATEMENT OF FACTS

The applicant is a Syrian national. His personal details and the information concerning his application, the particulars of the domestic proceedings and other relevant information are set out in the Appendix.

The applicant came to Russia in 2013. Between 2015 and 2017 he had temporary asylum in Russia, then the migration authorities refused to renew it. He was detained by the immigration authorities and was found to be in breach of immigration regulations by the domestic courts which ordered his expulsion to Syria from Russia.

COMPLAINTS

The applicant complains under Article 2 and Article 3 of the Convention that that he would face a real risk of being subjected to death and/or ill treatment in the event of his removal to Syria.

The applicant also complains under Article 13 of the Convention that he does not have at his disposal an effective domestic remedy in respect of his complaints under Articles 2 and 3.

Lastly, the applicant complains that his detention pending expulsion has been in breach of Article 5 § 1 (f) of the Convention.

QUESTIONS TO THE PARTIES

1. In case of removal to Syria would the applicant face a real risk of death or ill-treatment in there, in breach of Articles 2 and 3 of the Convention? What is the current security situation in Syria? Does the applicant have any internal flight alternative in case of his involuntary return there?

2. Did the applicant have at his disposal an effective domestic remedy for his complaints under Articles 2 and 3, as required by Article 13 of the Convention?

3. Having regard to the Court ’ s conclusion in the case of Azimov v. Russia ( Azimov v. Russia , no. 67474/11, 18 April 2013), has the applicant ’ s detention been compatible wit h the requirements of Article 5 § 1 (f) of the Convention?

APPENDIX

Application no.

Lodged on

Applicant ’ s initials,

date and place of birth;

place of residence/detention

Represented by

Detention

Expulsion proceedings

Refugee status/Temporary asylum proceedings

Other relevant information

16868/19

28 March 2019

M.A.

1 February 1981

Idlib , Syria

CUVSIG Furmanov , the Ivanovo Region

Irina

Yevgenyevna

SOKOLOVA

11 March 2019 – currently

11 March 2019 - the Frunzenskiy District Court of Ivanovo ordered the applicant ’ s expulsion and his detention pending expulsion for two months;

19 March 2019 the Ivanovo Regional Court confirmed the above judgment;

5 April 2019 - the Frunzenskiy District Court of Ivanovo ordered suspension of the expulsion pending examination of the complaint by the ECHR and refused to release the applicant from the detention;

12 April 2019 - the Ivanovo Regional Court confirmed the suspension and the refusal to release the applicant.

Had temporary asylum between 2015-2017, then renewal was refused by the migration authorities;

11 March 2019 - requested temporary asylum in the migration office, was not interviewed, was arrested.

28 March 2019 - interim measure staying the applicant ’ s removal granted by the Court.