Saadé v. Sweden



Application No. 20191/92

by Yousef SAADÉ

against Sweden

The European Commission of Human Rights sitting in private on

9 February 1993, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

E. BUSUTTIL

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

H. DANELIUS

Mrs. G. H. THUNE

Sir Basil HALL

MM. F. MARTINEZ

C.L. ROZAKIS

Mrs. J. LIDDY

MM. J.-C. GEUS

M.P. PELLONPÄÄ

B. MARXER

G.B. REFFI

Mr. H.C. KRÜGER, Secretary to the Commission

Having regard to Article 25 of the Convention for the Protection

of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 12 September 1991

by Yousef Saadé against Sweden and registered on 19 June 1992 under

file No. 20191/92;

Having regard to the report provided for in Rule 47 of the Rules

of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a Lebanese citizen born in 1964. He is a

Christian originating from the Eastern part of Lebanon. Initially he

was represented before the Commission by Mr. Gunnar Wikberg, a lawyer

practising in Kumla. Subsequently, Mr. Wikberg has informed the

Commission that he no longer represents the applicant (see below).

The applicant came to Sweden on 20 July 1987 and received a

residence permit in February 1988. In 1990 he was convicted of serious

narcotic offences and sentenced to 4 years and 6 months imprisonment.

The judgment also ordered his expulsion to Lebanon once the prison

sentence had been served. His expulsion was enforced shortly after his

conditional release on 11 July 1992.

COMPLAINTS

In his application to the Commission the applicant does not

invoke any Article of the Convention. However, he maintains that he

will be killed or subjected to inhuman treatment if expelled to

Lebanon.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 12 September 1991 and

registered on 19 June 1992. On 9 July 1992 the Commission rejected a

request from the applicant under Rule 36 of the Commission's Rules of

Procedure for interim assistance in order to prevent his expulsion to

Lebanon.

On 23 October 1992 the applicant's counsel stated, in response

to a request from the Commission for information as to whether or not

the applicant wished to maintain his application, that he did not know

the applicant's position and that he was no longer empowered to act on

the applicant's behalf. The applicant has not himself contacted the

Commission since his expulsion.

REASONS FOR THE DECISION

The Commission notes that the applicant has not instructed any

known person in Sweden or elsewhere to continue the proceedings brought

before the Commission. He has not himself manifested any interest in

doing so. In these circumstances the Commission concludes, pursuant to

Article 30 para. 1 (a), that the applicant does not wish to pursue his

petition. It finds no special circumstances regarding respect for human

rights as defined in the Convention which require, in accordance with

Article 30 para. 1 in fine, that the examination of the application be

continued.

For these reasons, the Commission, by a majority,

DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.

Secretary to the Commission President of the Commission

(H.C. KRÜGER) (C.A. NØRGAARD)