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Justice Matrix · Case profile

CASE OF M.D. AND OTHERS v. RUSSIA (no. 71321/17)

Council of Europe (ECtHR)European Court of Human Rights2021
FavorableLow precedentNeeds review
Needs review

Machine-found from the cited source, not yet confirmed by a human. Open the source before relying on it.

Strategic issue

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.

Facts

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.

Key holding

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.

Reasoning

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.

Authorities

Statutes and cases cited

Statutes & treaties
  • § Refugee Convention art. 33
Cases cited
  • Plaintiff M70/2011 v Minister
Issue areas

Categories

article-3asylumnon-refoulementrefugee
Source

Authoritative link

Source of record
https://hudoc.echr.coe.int/eng?i=001-211791
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