CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 14 septembre 2021

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margin-bottom:14pt; text-align:center } .s75A32C27 { border-collapse:collapse } .sF8B62762 { height:99.3pt } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s598389F7 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:10pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s90A93616 { width:27.66pt; display:inline-block } .s85226119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:10pt } .sADADF4A7 { font-family:Arial; text-decoration:underline } .sF29177A6 { height:1pt } .s5B9812EB { width:22.1pt; display:inline-block } .sF6A12959 { width:33%; height:1px; text-align:left } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 }   THIRD SECTION CASE OF M.D. AND OTHERS v. RUSSIA (Applications nos. 71321/17 and 9 others – see appended list)   JUDGMENT This version was rectified on 1 February 2022 under Rule 81 of the Rules of Court. Art 2 and Art 3 • Proposed expulsion to Syria not feasible at present and at least in near future owing to volatile security situation • Presentation of substantial grounds for believing applicants face a real risk of death or ill-treatment if expelled, not duly examined by domestic authorities Art 5 § 1 • Expulsion • Detention pending expulsion for at least two years, without possibility to ensure periodic review • Detention lasting between one and two and a half months not excessive Art 5 § 4 • Review of lawfulness of detention • No effective judicial review of detention pending expulsion   STRASBOURG 14 September 2021 FINAL   14/12/2021     This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of M.D. and Others v. Russia, The European Court of Human Rights (Third Section), sitting as a Chamber composed of:   Paul Lemmens, President,   Georgios A. Serghides,   Dmitry Dedov,   Georges Ravarani,   Anja Seibert-Fohr,   Peeter Roosma,   Andreas Zünd, judges, and Olga Chernishova, Deputy Section Registrar, Having regard to: the applications (no.   71321/17 and others, see the Appendix) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by eleven Syrian nationals (“the applicants”, see the Appendix), on the various dates indicated in the Appendix; the decision to give notice to the Russian Government (“the Government”) of the applications; the decision not to have the applicants’ names disclosed; the decision to give priority to the applications (Rule 41 of the Rules of Court); the parties’ observations; Having deliberated in private on 6 July 2021, Delivers the following judgment, which was adopted on that date: INTRODUCTION 1.     The main issues in the present case are whether the expulsion of the applicants to Syria would be in breach of Articles 2 and 3 of the Convention, whether some of the applicants had effective domestic remedies in respect of their complaints under Articles 2 and 3 (as required by Article 13 of the Convention) and whether the detention of some of the applicants pending expulsion was in violation of Article 5 of the Convention. THE FACTS 2.     The applicants are nationals of the Syrian Arab Republic (“Syria”). Their initials, dates of birth, application numbers, the names of their representatives and other details of their cases are set out in the Appendix. 3.     The Government were represented by Mr M. Galperin, the Representative of the Russian Federation to the European Court of Human Rights and then by his successor in that office, Mr A. Fedorov. 4.     The facts of the case may be summarised as follows.   The applicants’ arrest and expulsion proceedings Overview 5.     On various dates between 2011 and 2014 the applicants entered Russia on different types of visas and did not leave when the permitted period of their stay had expired. 6.     Independently, each of them was then apprehended by the police and charged with breaching the applicable immigration regulations (see the Appendix for the details of the relevant proceedings). 7 .     The respective district courts (“the District Court(s)”) examined their cases, confirmed that they were citizens of Syria, found them guilty of breaching migration regulations and ordered their administrative expulsion. The District Courts also ordered the detention of the applicants in centres for the detention of foreigners awaiting expulsion (see the Appendix for details). The applicants did not have legal representatives and one of them, M.O., did not have an interpreter during the District Court proceedings. 8.     The applicants appealed against the judgments ordering their expulsion, but their appeals were dismissed by the appeal courts (“the Appeal Court(s)”). All applicants were assisted by lawyers in the appeal hearings. Some of the applicants were subsequently released from detention, but none of them had judgments ordering their administrative expulsion quashed (see the Appendix for details). 9 .     On an unspecified date, M.D. was granted refugee status in Sweden where he settled on 10 December 2019 (see the Appendix for details). 10 .     On 8 January 2021 A.A.K’s and A.A.R.’s representative, in reply to the Court’s request, informed the Court that the applicants no longer maintained contact with him, that their whereabouts were unknown to him and that he was not aware whether they had regularised their immigration status in Russia or whether they wished to continue pursuing their application before the Court. Summary of the applicants’ (except M.D.’s, A.A.K.’s and A.A.R.’s) submissions and the domestic courts’ judgments in expulsion proceedings The case of M.O. (application no. 25735/18) 11 .     In the expulsion proceedings at the District Court and on appeal, the applicant stated that he had come to Russia to avoid participation in the military conflict between Syria and Iraq and that his expulsion to Syria would directly endanger his life and health, in the light of that ongoing conflict. He did not attend the appeal hearing but was represented by his lawyer during that hearing. 12 .     The District Court did not address the arguments raised by the applicant concerning the risk of death and ill-treatment that he would face if returned to Syria, limiting the scope of its review only to the illegality of the applicant’s presence in Russia. The Appeal Court dismissed a complaint lodged by the applicant concerning the lack of translation facilities or legal representation during the proceedings before the District Court, simply stating that the applicant had been informed of his procedural rights and that he had not lodged any relevant requests. Furthermore, the Appeal Court extensively restated the general principles of international law concerning the right not to be subjected to ill-treatment, and referred to the principle of non-refoulement and to the provisions of Russian law concerning refugees and temporary asylum, and found that the applicant had not been granted refugee status in Russia. The cases of K.A., Z.A., O.S., M.A., R.K., A.A. and A.K.A. (applications   nos. 58858/18, 60000/18, 60001/18, 16868/19, 41174/19, 41176/19 and 41179/19) (a)    The summary of common submissions by the applicants in the domestic proceedings and general assessment by the domestic courts 13 .     The applicants argued before the District Courts and Appeal Courts that examined their administrative cases that they were at real risk of death or ill-treatment should they be returned to Syria, owing to the ongoing military conflict there. 14 .     The District Courts mainly focused on the illegality of the applicants’ presence in Russia and their breach of the applicable immigration regulations. In respect of their claims, they held that the security situation in Syria did not objectively impede the applicants from going back and that the applicants had not described any circumstances or presented evidence that would show without doubt that they were at risk of persecution in Syria. The Appeal Courts agreed with the reasons given by the District Courts in their judgments. They furthermore extensively restated the general principles of international law concerning the right not to be subjected to ill-treatment, the principle of non-refoulement , and the provisions of Russian law regarding refugees and temporary asylum. They found that the applicants had not shown that they were “at a higher risk than the general population in Syria” of being subjected to inhuman and degrading treatment, and that their arguments had been “speculative and broad”. The Appeal Courts furthermore referred to cease-fire agreements and to information indicating that any confrontation between Syrian Government and illegal armed groups was “only incidental”. (b)    The summary of the individual submissions of the applicants in the domestic proceedings and the assessment thereof by the domestic courts (i)       The cases of K.A., Z.A., O.S., and M.A. (applications nos. 58858/18, 60000/18, 60001/18 and 16868/19) (α)      The submissions of the applicants in the appeal proceedings 15 .     During the respective appeal hearings the applicants submitted that, notwithstanding the Court’s case-law under Articles 3 and 13 of the Convention and its position on expulsion in countries where the risk of death and ill-treatment existed for returnees, (i) the District Court had not objectively assessed the risks of ill-treatment that the applicants would face in the event of their return to Syria; and (ii) a State signatory to the Convention should comply with its obligation of non ‑ refoulement if a person was at risk of ill-treatment, irrespective of whether or not that person had applied for asylum. They furthermore submitted that the District Court had not referred to any evidence that indicated that they would not face any such risk in Syria. 16.     K.A. submitted during the appeal proceedings that he had been receiving threats on social network sites from terrorists because he had left Syria. 17.     Z.A. submitted that his father had been killed by the terrorists two years previously and that he had been afraid to return to Syria. Both K.A. and Z.A. submitted that they had applied for temporary asylum, in October and September 2018, respectively, but the District Court did not take that submission into consideration. 18.     O.S. furthermore submitted that the guarantees regarding non ‑ refoulement should be observed if a person applied for temporary asylum. However, he had never even been given an opportunity to lodge such an application. The migration officials had not been able to receive him on the day scheduled for his interview, and they had not rescheduled it; shortly thereafter he had been arrested. 19 .     M.A. furthermore submitted that in the period from 2015 until 2017 he had held temporary asylum status, but that that had not been renewed owing to the inconsistent evaluation of the security situation in Syria by the Russian State bodies. In January 2019 he had applied for the renewal of his temporary asylum status, but that application had not even been registered; instead, he had been arrested. He also submitted that he hailed from the town of Idlib, which was under the control of the Dzhabkhat an Nousra illegal armed group, whose members would consider him to be a supporter of the Syrian Government in the light of his long-time presence in Russia; in the event of his return to Syria, therefore, he would be at risk of being executed or tortured by them. (β)       The assessment of the applicants’ submissions by appeal courts 20 .     The Appeal Court held that K.A.’s arguments concerning threats from terrorists were unsubstantiated and that a positive decision in respect of his claim for temporary asylum, if issued, “could be taken into account at the time of the enforcement of the expulsion order.” 21 .     In respect of Z.A. the Appeal Court held that the fact that his father had been killed by terrorists two years previously did not indicate that he personally would be in any danger in Syria. The Appeal Court furthermore held that Z.A.’s pending application for temporary asylum in Russia did not constitute grounds for expunging the administrative charges against him and did not absolve him from the administrative punishment of expulsion, and that a positive decision in respect of his claim for temporary asylum, if issued, “could be taken into account at the time of enforcement of the expulsion order.” 22 .     In respect of O.S. the Appeal Court held, in particular, that the issue of non-refoulement could be examined if a positive decision in respect of his claim for temporary asylum were to be issued but that it also “could be taken into account at the time of the enforcement of an expulsion order [in question].” 23 .     The Appeal Court held in M.A.’s case that the applicant had not applied for the renewal of his temporary asylum status when it had expired in December 2017. The court furthermore pointed out that in September   2018 the Presidents of Russia and Turkey had signed an agreement on the creation of a “de-escalation area” near the Syrian city of Idlib and that it was under the control of mobile units of Russian and Turkish military police. (ii)     The case of R.K. (application no. 41174/19) 24 .     In the District Court the applicant stated that he had come to Russia for work related reasons but that he could not return to Syria owing to the military conflict that was taking place there. He furthermore stated that his native town of Aleppo was under the control of the Syrian Government and that although he would not be in any danger there, he would be unemployed owing to the dire economic situation in the country. He had applied for temporary asylum in Russia, but his application had been refused. During appeal proceedings he had also stated that in the event of his having to return to Syria he would be required by law to be drafted into the Syrian army for a year and that in the event of his refusing to serve, he would be executed or tortured and returned to his parents as a person with a disability. He had already served in the Syrian army between 1999 and 2002. He furthermore submitted that he had to work in Russia to support himself and his family in Syria. 25 .     The District Court held that R.K. was from Aleppo, which was under the control of the Syrian Government, and that according to the available information, military action had ceased in a large part of the country. The Appeal Court furthermore referred to information concerning the “continuing return of refugees to the country and their support by the Syrian Government and programmes through which the reconstruction of municipalities was being supported on the territories cleared of illegal armed groups.” (iii)    The cases of A.A. and A.K.A. 26 .     The applicants submitted in the appeal hearings in respect of their cases that a significant number of people had died in the Syrian civil war since the spring of 2011, and that the country was facing a humanitarian crisis, with no infrastructure, widespread mass diseases and a lack of medical supplies. The applicants submitted information from international organisations and mass-media sources confirming that hostilities were ongoing and that the numbers of civilian deaths were rising. Applicant A.A. (application no. 41176/19) also submitted that he would be required, against his will, to undergo military service upon his return and that in the event that he were to refuse he would be detained, tortured and ill-treated. He also submitted that his house had been destroyed, and that his father had died in 2015; moreover, he provided to the court an audio message in Arabic from an acquaintance, who said that the applicant might be killed in Syria if he were to return. 27 .     The domestic courts held that the applicants had not shown that they would be at risk of death and/or ill-treatment in Syria (see paragraph 14 above). In respect of the audio message in the case of A.A. the Appeal Court held that that message had not proved conclusively that the applicant’s life was in danger and that the opinion expressed in it was simply that of a private individual. Proceedings for refugee status and temporary asylum 28 .     The applicants sought to obtain refugee status and/or temporary asylum in Russia on the basis of submissions similar to those that they had presented to the domestic courts during the expulsion proceedings. 29.     Some of them had had applications for temporary asylum allowed but not extended at a later date; applications lodged by other applicants had been dismissed at the outset – firstly by the Ministry of the Interior of the Russian Federation ( Министерство внутренних дел , or МВД – hereinafter “the MVD”) and then by the domestic courts that had examined the appeals against the MVD’s respective refusals (see the Appendix for details). 30.     None of the applicants who applied for refugee status was granted it (see the Appendix for details of the relevant proceedings in each applicant’s case). RELEVANT LEGAL FRAMEWORK AND PRACTICE Legislation relating to the expulsion and detention of foreign nationals, PROCEEDINGS REGARDING refugee STATUS AND TEMPORARY ASYLUM 31.     The relevant domestic law and practice relating to the expulsion and detention of foreign nationals in Russia, refugee status and temporary asylum is summarised in the Court’s judgment concerning expulsion of Syrian nationals from Russia in the case of L.M. and Others v.   Russia (nos.   40081/14 and two others, §§ 61-75, 15 October 2015) and in the follow-up case of S.K. v. Russia , no. 52722/15, §§ 23-41, 14   February   2017 . Situation of Syrian nationals in Russia and the european union 32 .     According to the information published on the website of the Russian Federal Statistics Service, as at 1 April 2019 two Syrian nationals had refugee status (0.4% of all refugees in Russia), and 790 Syrians had temporary asylum in Russia (1.1% of the total number of persons with temporary asylum status). As at 1 January 2020, the number of Syrian nationals holding temporary asylum status in Russia had fallen to 591 and in April 2020 to 495 (1.5 % of total persons with temporary asylum status). There is no statistics about such pending or rejected applications. 33 .     According to Eurostat, the statistical office of the European Union, 61,975 positive first-instance decisions on applications for asylum were issued in respect of Syrian citizens in the European Union in 2019 and 68,300 persons had pending applications at all instances of the administrative and/or judicial procedure in October 2020. RELEVANT INFORMATION ABOUT THE SITUATION IN SYRIA AND THE SITUATION OF Syrian REFUGEES 2017-2019 reports on Syria 34 .     A review of international reports covering the period 2017-2019 concerning the security and humanitarian situation in Syria was carried out by the Court in the case of O.D. v. Bulgaria (no. 34016/18, § 23, 10   October   2019 ). In particular, the Court in that case referred to the United Nations High Commissioner’s for Refugees (“UNHCR”) fifth update of its report entitled “International Protection Considerations with Regard to People Fleeing the Syrian Arab Republic” (3 November 2017 HCR/PC/SYR/17/01 (“Update V”). Update V indicated that despite efforts to reduce violence through “de-escalation agreements”, nearly all parts of Syria continued to be embroiled in violence. UNHCR called on States not to forcibly return Syrian nationals and did not consider it appropriate for states to deny persons from Syria international protection on the basis of internal flight or relocation alternative owing, in particular, to the multitude and complexity of conflicts, the volatility of the security situation, the reported high level of human rights violations and abuses. 35 .     In February 2018 UNHCR issued a “Manual and Guideline” entitled “Comprehensive Protection and Solutions Strategy: Protection Thresholds and Parameters for Refugee Return to Syria”. The importance of that document was reiterated at the “Brussels IV Conference” on Syria in June   2020 (see paragraph 39 below). It stated, in particular, that UNHCR’s position was that the conditions in Syria were not conducive for large scale voluntary repatriation in safety and dignity, that significant risks remained for civilians across the country and that UNHCR neither promoted nor facilitated the returns of refugees at that time. 36 .     In October 2018 at the 39th session of the UN Human Rights Council the Special Rapporteur presented a report (A/HRC/39/54/Add.2) concerning the negative impact that the unilateral coercive measures (sanctions) had on the enjoyment of human rights by Syrian people, notwithstanding existing humanitarian exceptions. The Rapporteur pointed out, inter alia , that ongoing discussions related to the return of refugees were not addressing the need to ensure that the conditions existed for the basic human rights of returnees to be met. 37 .     On 31 July 2019, the Centre for the Reconciliation of Opposing Sides and Refugee Migration Monitoring in the Syrian Arab Republic (“the Reconciliation Centre” ( Центр по примирению враждующих сторон и контролю за перемещением беженцев в Сирийской Арабской Республике )), formerly known as the Centre for Reception, Distribution and Placement of Refugees ( Центр приема, распределения и размещения беженцев ), operating under the auspices of the Russian Ministry of Defence, posted the following information on its website: “... The return of refugees to their homes is ongoing. The representatives of [the Reconciliation Centre] ensure the functioning of ten safe humanitarian corridors ... Despite the ceasefire arrangements, illegal armed groups operating in the Idlib de ‑ escalation area continue to breach [the relevant agreements] The insurgents have carried out armed attacks ... in the province[s] of Aleppo, ... Hama, ... [and] Latakia ...” 2020 reports on Syria The general security situation and refugees 38 .     On 7 May 2020 UNHCR issued a document entitled “Country of Origin Note: Participation in Anti-Government Protests; Draft Evasion; Issuance and Application of Partial Amnesty Decrees; Residency in (Formerly) Opposition-Held Areas; Issuance of Passports Abroad; Return and ‘Settling One’s Status’”, which stated, in particular, that the Syrian Government continued to violently suppress and punish any real or perceived dissent in areas under its control and that amongst those regularly perceived to be holding an anti-Government opinion were civilians (and particularly men and boys of fighting-age) from (formerly) opposition-held areas; draft evaders and deserters. It also stated that across Government-held areas, returnees were reported to be among those subjected to harassment, arbitrary arrest, incommunicado detention, torture and other forms of ill ‑ treatment, as well as property confiscation, including on account of individuals’ perceived anti-Government opinion. Arrests had been reported to occur immediately upon entry or within days or months following return, sometimes despite the individual having obtained security approval from the Syrian Government prior to returning. Deaths in custody of returnees had also been reported. Some returnees were reported to have had their passports confiscated and others had been called in for interrogations on a regular basis. Some returnees could also face movement restrictions, including the need to obtain security approval to return to their area of origin. 39 .     On 29-30 June 2020 the “Brussels IV Conference” on “Supporting the Future of Syria and the Region”, co-chaired by the European Union and the United Nations, took place in Brussels. Eighty countries (including Russia) participated in it, together with international organisations, the EU and UN agencies. The co-chairs issued a declaration, which stated as follows, in so far as relevant: “... Political 10.     Conference participants recalled that after almost a decade of conflict, violence and violations of international humanitarian law and international human rights continue ... While an uneasy and fragile calm has prevailed more recently in north-west and north-east Syria, following major military escalations and mass displacement in the Idlib region earlier this year, security conditions in southern Syria continue to deteriorate and require increased attention and focus. In the central and eastern desert a worrying resurgence of ISIL/Da’esh has occurred. ... Humanitarian 25.     The Conference noted that conflict has continued to generate large-scale displacement of people, noting that nearly one million people were newly displaced in north-west Syria between December 2019 and March 2020. It also noted that an estimated 15,000 refugees and 223,000 IDPs returned to some areas in Syria in 2020. 26.     ... While conditions inside Syria do not lend themselves to the promotion or organisation of large-scale voluntary return, in conditions of safety and dignity in line with international law, participants underscored that return is a right to be exercised based on an individual’s free and informed decision. Support should be guided by refugees’ needs, views, concerns and decisions, based on accurate and factual information, on whether to return or not at the present time. ... Returnees also need security from armed conflict, political persecution and arbitrary arrests, access to functioning services, livelihood opportunities as well as other considerations which would enable a voluntary, safe and dignified return. Maintaining assistance levels and access to protection, livelihoods and services in host countries is a key component in enabling a voluntary decision by refugees to return, free from push factors. ... Regional recovery and development 32. The co-chairs underlined that the remarkable contributions of host countries and local host communities in receiving large Syrian refugee populations and providing them with access to national services are fully in line with the spirit of the Global Compact on Refugees, as recognised notably at the first Global Refugee Forum in 2019. Participants acknowledged the deepening vulnerability of Syrian refugees, Palestinian refugees from Syria and host communities, which should be addressed through sustained support ... [The Conference] noted that temporary legal residence is central to refugees’ ability to access protection and services. The international community reconfirmed its unwavering commitment to supporting Syria’s neighbours in continuing to address the multiple challenges they face, by sustaining humanitarian aid and resilience support, including through the 3RP, and by strengthening national systems and response capacities to serve all ...” 40 .     The Russian Deputy Minister of Foreign Affairs, Mr S.V. Vershinin, gave a speech at the Conference in which he stated, inter alia , that (i) Russia entirely supported an increase in humanitarian aid to the Syrian people, (ii)   the internal situation in Syria remained tense, especially in Idlib and the area on the far side of the Euphrates [– territories] that were not controlled by the Syrian Government and that were subjected to attacks by [the] Hay’at Tahrir al-Sham and ISIS [terrorist groups], (iii) refugees and IDPs needed support and cooperation in exercising their right to a voluntary, safe and dignified return to their homes and (iv) all Syrians who were willing to return to their home country should be given assistance and not kept in host countries “that had been carrying a heavy burden”. 41 .     At the 45th session of UN Human Rights Council, which took place between 14 September and 2 October 2020, the Independent International Commission of Inquiry on the Syrian Arab Republic (established on 22   August 2011 by the UN Human Rights Council through Resolution S ‑ 17/1 (A/HRC/27/60), 13 August 2014)) presented its findings in respect of Syria (A/HRC/45/31); those findings were based on investigations conducted between 11 January 2020 and 1 July 2020. Its report – based on (i) 538 interviews conducted either in person in the region or from Geneva and (ii) an analysis of official documents, reports, photographs, videos and satellite imagery from multiple sources – contained the following information: “II.   Political and military developments 4.       Notwithstanding a relative reduction in large-scale hostilities in recent months due to general conflict dynamics and the impact of coronavirus disease (COVID-19), there were regular spikes in violence and continuous violations of human rights across the Syrian Arab Republic. Idlib Governorate and surrounding areas remained the epicentre of confrontation between pro-Government forces and opposition armed groups during the first half of 2020. While the ceasefire starting on 5 March offered respite, sporadic fighting between pro-Government forces and terrorist groups resumed in May and intensified in June, including around the Ghab plain and Jabal al ‑ Zawiya, in the southern countryside of Idlib Governorate. 5.       In the north-east of the country, while joint Turkish-Russian military patrols resumed along the Syrian-Turkish border, periodic clashes between the Kurdish People’s Protection Units, the Syrian National Army and Turkish military forces continued. Car bomb attacks, such as the one on 9 January in Ra’s al-Ayn that killed four Turkish soldiers, or the market attack in Afrin on 28 April that caused over 100 casualties ..., further destabilized the region. The security situation also deteriorated in Dayr al-Zawr, where the Syrian Democratic Forces increased raids and arrests of civilians with alleged links to Islamic State in Iraq and the Levant (ISIL). ... In June, reports of fighting between Turkish-backed groups and the Syrian Democratic Forces in the Al-Bab area, infighting between Syrian National Army groups in Ra’s al-Ayn, and ISIL attacks against Syrian Arab Army units in the Dayr al-Zawr countryside, were received. 6.       ISIL remained active in central areas of the Syrian Arab Republic. In January and February, the terrorist group launched attacks on Syrian Arab Army positions in the Sukhnah region in Homs Governorate. The attacks prompted the Government to increase security measures in eastern Homs Governorate, and by mid-April, the Government had regained control of fuel refineries in the Governorate. Nonetheless, attacks by ISIL cells against Syrian Arab Army positions in the Badiya Al-Sham region and around Resafa continued. 7.       In the south of the country, unrest intensified. In Suwayda’, protests erupted in January, and continued throughout the first six months of 2020, due to price inflation, corruption and deteriorating living standards. In Dar’a, tensions between local opposition fighters and Government forces, as well as civilians, escalated. In mid ‑ March, artillery shelling by the Syrian Arab Army targeted the southerly Dar’a Governorate, triggering retaliatory attacks by local militants near Nawa. The situation remained volatile in May and June following clashes, targeted killings, and the killing of nine Syrian police officers in Muzayrib. In response to these incidents, the Syrian Arab Army deployed additional troops to the region. Throughout the reporting period, Israeli airstrikes were directed at a broad range of targets across the Syrian Arab Republic, including Iranian and Iranian-backed actors. 8.       At the political level, the President, Bashar al-Assad, issued a legislative decree granting pardons for a narrow ambit of crimes committed before 22 March 2020, and proposed a limited amnesty for military deserters. ... Violations outside the context of the conduct of hostilities 20.     Risks of reprisals and other protection concerns continued to affect the Commission’s ability to investigate detention-related human rights violations. The cases below are illustrative of the ongoing patterns of arbitrary detention, enforced disappearance, and torture and death in detention. 21.     Almost all cases of arbitrary arrest and detention that were investigated in the reporting period resulted in enforced disappearance ... These took place in Dar’a, Homs, Qunaytirah, Rif Damascus and Suwayda’ Governorates, involving Government security forces, including the Military Intelligence Directorate and the Military Police. 22.     Those subjected to enforced disappearance included defectors as well as current and former humanitarian workers, activists and other civilians, including those who had undergone so-called “reconciliation” processes in Dar’a Governorate. 23.     Demonstrating the longevity of this practice and its harrowing impact on families, the Commission, during the reporting period, documented cases of individuals still missing at the time of writing, up to eight years after being disappeared by the Government. ... 25.     Moreover, the Commission documented 13 accounts of torture of persons held in detention by the Syrian authorities, with some having experienced torture over lengthy periods, even beyond seven years. Locations where torture took place included the Criminal Security Department branch in Aleppo, ... and, most brutally, at Saydnaya Prison in Rif Damascus. In line with previous patterns, the detainees were beaten with sticks and cables, bound around tyres, hung from ceilings and walls and lashed. One detainee reported being beaten on his genitals. ... men were reported to have been sexually abused in Saydnaya Prison. ... 37. During the period under review, civilians residing in the Afrin and Ra’s al-Ayn regions of Aleppo and Hasakah Governorates witnessed an onslaught of violations perpetrated by members of the Syrian National Army as well as shelling and vehicle ‑ borne improvised explosive devices. ... 38. Between January and April, civilians residing in the Afrin region of Aleppo suffered a barrage of shelling and car bomb explosions, which killed and injured scores of inhabitants and damaged civilian infrastructure, including markets and homes. ... 45. With regard to the use of vehicle-borne improvised explosive devices in the city of Afrin ...there are significant indications to conclude that all four of these attacks launched on and in the city of Afrin were carried out by armed group factions or fighters, as opposed to members of State forces. The Commission has reasonable grounds to believe that these four attacks may amount to the war crime of launching indiscriminate attacks resulting in death or injury to civilians. Investigations are ongoing. B.     Violations outside of the context of hostilities 46.     During the period under review, the Commission corroborated repeated patterns of systematic looting and property appropriation as well as widespread arbitrary deprivation of liberty perpetrated by various Syrian National Army brigades in the Afrin and Ra’s al-Ayn regions. After civilian property was looted, Syrian National Army fighters and their families occupied houses after civilians had fled, or ultimately coerced residents, primarily of Kurdish origin, to flee their homes, through threats, extortion, murder, abduction, torture and detention. ... 54.     In detention, civilians – primarily of Kurdish origin – were beaten, tortured, denied food or water, and interrogated about their faith and ethnicity. VI.     Idlib Governorate and western Aleppo 81.     In its recent report on Idlib Governorate and western Aleppo, covering the period between November 2019 and June 2020, the Commission documented 52   emblematic attacks by all parties that led to civilian casualties and/or damage to civilian infrastructure. These battles were marked by war crimes, including launching indiscriminate attacks resulting in death or injury to civilians. Continuing previously established patterns, the Commission also documented attacks against medical facilities, schools and markets, which deprived scores of civilians of access to health care, education and food. 82.     The battles displaced nearly 1 million people. The Commission found that pro ‑ Government forces may have perpetrated the crimes against humanity of forcible transfer, murder and other inhumane acts during the offensives on Ma’arrat al ‑ Nu’man (second half of December 2019), Ariha (29 January 2020), Atarib (between 10 and 14 February 2020) and Darat Izzah (17 February 2020). 83.     When civilians fled, Hay’at Tahrir al-Sham pillaged their homes. In restive areas under its control, members of Hay’at Tahrir al-Sham also committed the war crimes of murder; of passing sentences and carrying out executions without previous judgment pronounced by a regularly constituted court; and of cruel treatment, ill ‑ treatment and torture ... ... B.     Hay’at Tahrir al-Sham 87.     Between November 2019 and June 2020, and in a pattern previously documented by the Commission, members of Hay’at Tahrir al-Sham in Aleppo and Idlib Governorates continued to brutally impose their stringent ideologies on local populations, including through acts of arbitrary detention of individuals expressing dissent. Moreover, they detained, tortured and executed civilians who opposed their oppressive rule. 88.     During demonstrations between 29 April and 1 May, Hay’at Tahrir al-Sham beat and detained participants. On 1 May, a van drove into a group of protestors, injuring at least one, whereupon members of Hay’at Tahrir al-Sham opened fire, killing one protestor and injuring two others. On 10 June, 13 journalists who filmed the passage of a Russian-Turkish joint patrol along the M4 highway were beaten by members of Hay’at Tahrir al-Sham, who forced them to stop filming. 89.     Members of Hay’at Tahrir al-Sham also detained individuals over land disputes and for refusing to pay “taxes” for services provided by their “salvation Government”. One man recalled how he had been initially summoned by Hay’at Tahrir al-Sham “police” and had subsequently been held for five months in various detention facilities. In detention, he was beaten with a cable, handcuffed and hung from the ceiling in his cell, and thereafter forced to thumbprint a statement acknowledging that he had incited others against the terrorist group. He was then transferred to the Hay’at Tahrir al-Sham “criminal security branch” and brought before a “criminal court”, was never informed of the charges against him and was sentenced to prison for unknown reasons ...”. 42 .     On 14 October 2020 the UN Secretary General issued a report on the implementation of its humanitarian resolutions by all parties to the conflict in Syria (S/2020/1031). The report is issued every sixty days and the information contained in it is based on data available to United Nations agencies and obtained from the Government of Syria. The report indicated the following, in so far as relevant: “... 6.     In the north-west, the ceasefire in the Idlib de-escalation area largely continued to hold, albeit with an increasing number of violations. Mutual artillery shelling across lines of contact, notably in the southern part of the de-escalation area, took place on an almost daily basis. Shelling on Jurin village in north-west Hama Governorate reportedly killed 20 civilians in a single day on 24 September. Ground-based clashes occurred less frequently and were limited in scope. Pro-Government aerial bombardm