I.S. v. SWEDEN



Application No. 19374/92

by I.S.

against Sweden

The European Commission of Human Rights sitting in private on

14 May 1993, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

G. SPERDUTI

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

M.A. NOWICKI

I. CABRAL BARRETO

Mr. M. de SALVIA, Deputy 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 20 December 1991

by I.S. against Sweden and registered on 20 January 1992 under file No.

19374/92;

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

of Procedure of the Commission;

Having regard to the observations submitted by the respondent

Government on 24 June 1992 and the letter postmarked 16 April 1993 from

the applicant's representative;

Having deliberated;

Decides as follows:

THE FACTS

At the time of the events described below, the applicant, a man

born in 1956, was a citizen of the Soviet Union. Before the Commission

he is represented by Mr Hans Bredberg, a lawyer practising in

Stockholm. The applicant fled from the Soviet Union to Sweden in August

1991 in order to escape alleged anti-Jewish harassments. His

application for political asylum was rejected by the Swedish Government

on 19 December 1991. The Government also ordered his expulsion from

Sweden. Under the provision of the 1989 Aliens Act (utlänningslagen)

he should normally have been sent back to the country from which he

came to Sweden. However, the applicant voluntarily left Sweden for

Poland before his expulsion was enforced.

The applicant has complained that his expulsion would violate

Article 3 of the Convention. He has also alleged that the absence of

any remedy against the Government's expulsion decision violated Article

13 of the Convention and Article 1 of Protocol No. 7 to the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 20 December 1991 and registered

on 20 January 1992.

On 17 January 1992 the Commission decided to communicate the

application to the respondent Government and invite them to submit

written observations on the admissibility and merits of the complaint

under Article 3 of the Convention.

The Government's observations were submitted on 24 January 1992.

By letter postmarked 16 April 1993 the applicant's representative

informed the Commission that the applicant wishes to withdraw the

application as the applicant has voluntarily left Sweden to go to

Poland where he has applied for a permit to immigrate to Israel.

REASONS FOR THE DECISION

The Commission notes that the applicant has voluntarily left

Sweden and is at present staying in Poland where he has applied for a

permit to immigrate to Israel and that he wishes to withdraw his

application. The Commission concludes that the applicant does not

intend to pursue his petition within the meaning of Article 30 para.

1 (a) of the Convention. It finds no special circumstances regarding

respect for human rights as defined in the Convention which would

require it to continue the examination of the application pursuant to

Article 30 para. 1 in fine of the Convention.

For these reasons, the Commission unanimously

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

Deputy Secretary to the Commission President of the Commission

(M. de SALVIA) (C.A. NØRGAARD)