CASE OF M.D. AND OTHERS v. RUSSIA (no. 71321/17)
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What was at stake
Whether the applicants' rights to life and prohibition of inhuman or degrading treatment would be violated if they were expelled to Syria.
What happened
The applicants, a family of Syrian nationals, faced the threat of expulsion from Russia to Syria, where they feared for their lives due to the ongoing conflict and the risk of persecution. They argued that their return would expose them to inhuman or degrading treatment, as well as a real risk of death.
What the court decided
The Court found a violation of the right to life and the prohibition of inhuman or degrading treatment, as well as a violation of the right to liberty and security, but also found no violation of the right to liberty and security in one aspect, and awarded non-pecuniary damage.
How the court got there
The Court emphasized the principle of non-refoulement under international law, particularly the Refugee Convention, which prohibits the return of individuals to a country where they would face serious threats to their life or freedom. The Court found that the Russian authorities had not sufficiently assessed the risks the applicants would face upon their return to Syria, leading to a violation of their rights.
Statutes and cases cited
- § Refugee Convention art. 33
- Plaintiff M70/2011 v Minister
Categories
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