Fesehaie v. Sweden



Application No. 26910/95

by Berhane FESEHAIE

against Sweden

The European Commission of Human Rights (Second Chamber) sitting

in private on 4 September 1996, the following members being present:

Mrs. G.H. THUNE, President

MM. J.-C. GEUS

G. JÖRUNDSSON

A. GÖZÜBÜYÜK

J.-C. SOYER

H. DANELIUS

F. MARTINEZ

L. LOUCAIDES

M.A. NOWICKI

I. CABRAL BARRETO

J. MUCHA

D. SVÁBY

P. LORENZEN

E. BIELIUNAS

E.A. ALKEMA

M. VILA AMIGÓ

Ms. M.-T. SCHOEPFER, Secretary to the Chamber

Having regard to Article 25 of the Convention for the Protection

of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 17 February 1995

by Berhane Fesehaie against Sweden and registered on 29 March 1995

under file No. 26910/95;

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 was born in Asmara, Eritrea in 1959 or 1961.

Before the Commission he is represented by Mr. Hans Bredberg, a lawyer

practising in Stockholm.

The applicant resided in Sweden between 1978 and the spring of

1995 He was convicted of crimes of violence and narcotics offences

on several occasions between 1979 and 1992. By judgment of

19 February 1993, the Svea Court of Appeal (Svea hovrätt) convicted the

applicant of certain crimes and sentenced him to two years'

imprisonment. The court further ordered his expulsion. After the

applicant had been released on probation, the Police Authority of

Eskilstuna, by decision of 27 November 1993, put him in detention

pending the expulsion. Thereafter, the applicant's detention was

prolonged by decisions taken every two months. The decisions were

upheld on appeal by the Administrative Court of Appeal (Kammarrätten)

of Jönköping. By judgment of 22 December 1994, the Supreme

Administrative Court (Regeringsrätten) rejected an appeal against the

appellate court's judgment of 30 September 1994, finding that there was

a clear risk that the applicant would continue with his criminal

activities if released and that he did not co-operate with the

responsible authorities in order to facilitate his expulsion. It

appears that the applicant refused to apply for an Eritrean passport.

The applicant alleges that his detention violated Articles 3,

5 para. 1 (f) and 6 of the Convention.

By letter of 20 May 1996, the applicant's representative informed

the Commission of the applicant's wish to withdraw the application.

The representative further stated that the applicant had voluntarily

left Sweden in the spring of 1995.

REASONS FOR THE DECISION

Having regard to Article 30 para. 1 (a) of the Convention, the

Commission notes that the applicant does not intend to pursue his

petition. Furthermore, in accordance with Article 30 para. 1 in fine,

the Commission finds no circumstances regarding respect for human

rights as defined in the Convention which require the continuation of

the examination of the application. The Commission, therefore, accedes

to the applicant's request to withdraw his case.

For these reasons, the Commission, unanimously,

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

M.-T. SCHOEPFER G.H. THUNE

Secretary President

to the Second Chamber of the Second Chamber