J.D. v. Hungary



AS TO THE ADMISSIBILITY OF

Application No. 25952/94

by J. D.

against Hungary

The European Commission of Human Rights sitting in private on

20 May 1996, the following members being present:

MM. S. TRECHSEL, President

H. DANELIUS

E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

Mrs. G.H. THUNE

Mr. F. MARTINEZ

Mrs. J. LIDDY

MM. L. LOUCAIDES

J.-C. GEUS

M.P. PELLONPÄÄ

B. MARXER

M.A. NOWICKI

I. CABRAL BARRETO

B. CONFORTI

N. BRATZA

I. BÉKÉS

J. MUCHA

E. KONSTANTINOV

D. SVÁBY

G. RESS

A. PERENIC

C. BÎRSAN

P. LORENZEN

K. HERNDL

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 4 April 1994 by

J. D. against Hungary and registered on 15 December 1994 under file

No. 25952/94;

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

On 22 November 1992 J.D., of Albanian origin, was born out of

wedlock in Szeged, Hungary. The application has been lodged on his

behalf by Mr. Davies, who was appointed by J.D.'s natural mother on

15 February 1994.

The facts of the case, as they have been submitted by Mr. Davies,

may be summarised as follows.

On 8 December 1992 J.D.'s natural mother recorded a declaration

with a Hungarian notary public according to which she irrevocably

agreed to her son's adoption by Mr. and Mrs. S., a couple of US

nationality, allowing him to emigrate to the United States. The

adoption was organised by Mr. Davies. Subsequently J.D.'s natural

mother left Hungary. J.D. was provisionally taken care of by foster

parents paid for by the prospective adoptive parents. On 20 July 1993

the United States' Embassy issued an immigrant visa for J.D. In October

1993 J.D. was handed over to his adoptive parents in the United States.

COMPLAINTS

Mr. Davies complains on behalf of J.D. that the Hungarian

authorities, allegedly due to formalities, delayed his departure from

Hungary until October 1993, and that he could not challenge this delay.

He invokes Articles 3, 6 and 8 of the Convention as well as Article 2

of Protocol No. 4.

THE LAW

The present application relates to several complaints in respect

of the Hungarian authorities' alleged failure to authorise J.D. to

leave Hungary without delay. The application has been brought on behalf

of J.D., a minor, by Mr. Davies, who was appointed by the applicant's

natural mother on 15 February 1994. The Commission notes that in

December 1992 J.D.'s natural mother agreed to her son's adoption by

adoptive parents, with whom J.D. has been living since October 1993.

The Commission recalls that parents having neither the custody

nor the care of their children, and are not otherwise authorised to

represent them, cannot introduce an application on their behalf

(cf. No. 8045/77, Dec. 4.5.79, D.R. 16 p. 105). Consequently, in

February 1994 J.D.'s natural mother was no longer in a position to

appoint Mr. Davies as her son's representative for the purposes of a

petition under Article 25 (Art. 25) of the Convention. In these

circumstances, the Commission finds that Mr. Davies is not competent

to bring the present complaints on behalf of J.D.

It follows that the application is incompatible ratione personae

with the Convention within the meaning of Article 27 para. 2

(Art. 27-2) of the Convention.

For these reasons, the Commission, unanimously,

DECLARES THE APPLICATION INADMISSIBLE.

Secretary to the Commission President of the Commission

(H.C. KRÜGER) (S. TRECHSEL)