Lexploria

Application No. 11704/85

Eva KROL

against

SWEDEN

REPORT OF THE COMMISSION

(adopted on 5 July 1988)

TABLE OF CONTENTS

Page

INTRODUCTION ............................................ 1

PART I: STATEMENT OF THE FACTS .......................... 3

PART II: SOLUTION REACHED ............................... 4

&SINTRODUCTION&_

1. This report relates to Application No. 11704/85

against Sweden by Mrs. Eva Krol on 13 August 1985 under Article 25 of

the Convention for the Protection of Human Rights and Fundamental

Freedoms. The application was registered on 21 August 1985.

The applicant was represented by Mr. Lennart Hane, a lawyer

practising in Stockholm.

The Government of Sweden were represented by their Agent,

Ambassador Hans Corell, Under-Secretary at the Ministry for Foreign

Affairs, Stockholm.

2. On 7 October 1987 the European Commission of Human Rights

declared the application admissible.* The Commission then proceeded

to carry out its task under Article 28 of the Convention which

provides as follows:

"In the event of the Commission accepting a petition

referred to it:

(a) it shall, with a view to ascertaining the facts,

undertake together with the representatives of the parties

an examination of the petition and, if need be, an

investigation, for the effective conduct of which the

States concerned shall furnish all necessary facilities,

after an exchange of views with the Commission;

(b) it shall place itself at the disposal of the parties

concerned with a view to securing a friendly settlement

of the matter on the basis of respect for Human Rights as

defined in this Convention."

3. The Commission found that the parties had reached a friendly

settlement of the case and on 5 July 1988 it adopted this Report,

which, in accordance with Article 30 of the Convention, is confined

to a brief statement of the facts and of the solution reached.

________________________

* This decision is public and can be obtained from the

Commission's Secretary. The decision will be published

in the Commission's official publication entitled Decisions

and Reports.

The following members of the Commission were present when the

Report was adopted.

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

G. BATLINER

H. VANDENBERGHE

Mrs. G. H. THUNE

Sir Basil HALL

MM. F. MARTINEZ

C. L. ROZAKIS

Mrs. J. LIDDY

&SPART I&_

STATEMENT OF THE FACTS

4. The applicant, Mrs. Eva Krol, is a Polish citizen born in

1950 and resident in Stockholm.

5. On 18 April 1985 the applicant gave birth to a daughter,

Maria. On 24 April 1985 the Deputy Chairman of the Social District

Council No. 5 (sociala distriktsnämnden nr 5) in Stockholm decided

pursuant to Section 6 of the 1980 Act with Special Provisions on the

Care of Young Persons (lagen med särskilda bestämmelser om vård av

unga) to take the child into care immediately (a provisional care

order) because it was considered that there was a serious risk to the

child's health and development if she were to remain with the mother

in the hospital. It was thought that the applicant was still

suffering from a mental illness and therefore unable to take care of

the child. The decision by the Deputy Chairman was subsequently

confirmed by the Social District Council and the County Administrative

Court (länsrätten) of Stockholm.

6. On 15 May 1985 the Social District Council applied for the

County Administrative Court's decision to take Maria into care. The

Council alleged that the applicant's mental illness and the conditions

in her home involved a considerable risk for the child's health and

development. On 18 June 1985 the Court granted the Council's

application. However, the judgment did not include any order as to its

immediate enforcement and was therefore not enforceable until it had

acquired legal force. Nevertheless, the child was kept in care.

7. The applicant appealed to the Administrative Court of Appeal

(kammarrätten) of Stockholm which, on 8 October 1985, decided to

revoke the judgment of the County Administrative Court. The Social

District Council then appealed to the Supreme Administrative Court

(regeringsrätten). In the meantime the child was kept in care.

8. On 15 November 1985 the Deputy Chairman of the Social District

Council decided to issue a new provisional care order relating to the

child pursuant to Section 6 of the 1980 Act.

9. On 18 November 1985 the Supreme Court refused to grant leave

to appeal. On 19 November 1985 the Social District Council decided to

terminate the provisional care and, on 20 November 1985, the child was

returned to the applicant.

10. Before the Commission the applicant complained that the

removal of her child, and the manner in which it had been done,

constituted violations of Articles 3, 6, 8, 9, 12 and 13 of the

Convention.

&SPART II&_

SOLUTION REACHED

11. Following its decision on the admissibility of the

application, the Commission placed itself at the disposal of the

parties with a view to securing a friendly settlement in accordance

with Article 28 (b) of the Convention and invited the parties to

submit any proposals they wished to make.

12. In accordance with the usual practice the Secretary, acting on

the Commission's instructions, contacted the parties in order to

explore the possibilities of reaching a friendly settlement. Following

an exchange of letters the Secretary and Mr. Erik Fribergh of the

Commission's Secretariat had separate discussions with the parties in

Stockholm on 25 April 1988. Following these separate discussions and

a further exchange of letters the parties agreed on the terms of a

friendly settlement.

13. By letter of 15 June 1988 the Agent of the Government

confirmed the agreement by submitting the following declaration of

the Government:

"In view of the Commission's decision to declare Application

No. 11704/85 admissible, the Government are prepared to make

the following offer in order to terminate the proceedings

before the Commission:

a. The Government will pay to the applicant the sum of

seventy-five thousand (75 000) Swedish Crowns.

b. The Government will pay the applicant's legal costs

in the proceedings before the Commission in the amount of

forty-five thousand (45 000) Swedish Crowns."

14. In his letter of 28 June 1988 the applicant's representative,

Mr. Lennart Hane, made the following declaration on behalf of the

applicant:

"With reference to Application No. 11704/85 pending before

the European Commission of Human Rights in Strasbourg, and in

view of the offer made by the Swedish Government in their

letter of 15 June 1988, I hereby accept the offer and

declare Application No. 11704/85 to be settled.

This declaration is being made in view of the settlement

within the meaning of Article 28 (b) of the European

Convention on Human Rights which has been reached in

co-operation with the European Commission of Human Rights

in the proceedings concerning this application."

15. The Commission, at its session on 5 July 1988, noted that the

parties had reached an agreement regarding the terms of a settlement.

The Commission further found, having regard to Article 28 (b) of the

Convention, that a friendly settlement had been secured on the basis

of respect for Human Rights as defined in the Convention.

For these reasons, the Commission adopted this report.

Secretary to the Commission President of the Commission

(H.C. KRÜGER) (C.A. NØRGAARD)

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KROL v. SWEDEN

KROL v. SWEDEN