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JUKLERØD v. NORWAY

Doc ref: 26255/95 • ECHR ID: 001-3496

Document date: February 26, 1997

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Cited paragraphs: 0
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JUKLERØD v. NORWAY

Doc ref: 26255/95 • ECHR ID: 001-3496

Document date: February 26, 1997

Cited paragraphs only

Application No. 26255/95

by Arnold JUKLERØD

against Norway

The European Commission of Human Rights (Second Chamber) sitting

in private on 26 February 1997, the following members being present:

Mr. J.-C. GEUS, Acting President

Mrs. G.H. THUNE

MM. G. JÖRUNDSSON

J.-C. SOYER

H. DANELIUS

F. MARTINEZ

M.A. NOWICKI

I. CABRAL BARRETO

D. SVÁBY

P. LORENZEN

E. BIELIUNAS

E.A. ALKEMA

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 13 December 1994

by Arnold JUKLERØD against Norway and registered on 19 January 1995

under file No. 26255/95;

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, a Norwegian citizen, was born in 1925. He died on

25 January 1996 leaving behind three adult children. In the proceedings

before the Commission the applicant is represented by Mr Knut Rognlien,

a lawyer practising in Oslo.

The applicant's previous application No. 18164/91 was declared

inadmissible by a Committee of three members composed pursuant to

Article 20 para. 3 of the Convention on 1 April 1993.

The facts of the present case, as submitted by the applicant, may

be summarised as follows.

The applicant was admitted to a mental hospital in 1971 and in

1974. This was registered in a central register for mentally ill

persons. The information concerning the applicant included his name,

date and place of birth, profession, marital status and number of

children. Furthermore, the register contained the diagnosis:

"Paranoia 10", that the applicant's stay at the hospital in 1971 lasted

three months and that he was readmitted in 1974. No other information

about the applicant was entered in the register.

It appears that, in 1990, the applicant requested the National

Archives (Riksarkivet) to delete the above information from the

Directorate (Helsedirektoratet) and the Data Supervisory Board

(Datatilsynet) were unsuccessful.

Therefore, on 13 May 1991, the applicant instituted proceedings

in the Oslo City Court (Oslo Byrett) against the State represented by

the Ministry of Social Affairs in which he maintained his request to

have all information about him deleted from the register and

furthermore he submitted a claim for damages.

By judgment of 29 October 1992 the City Court found against the

applicant and rejected his claims. The Court found, inter alia, that

the registration in question did not, in the circumstances, violate

Article 8 of the Convention.

On 23 February 1993 the Appeals Selection Committee of the

Supreme Court (Høyesteretts Kjæremålsutvalg) granted the applicant

leave to appeal directly to the Supreme Court (Høyesterett). On

1 June 1994 the Supreme Court upheld the judgment of the Oslo City

Court in its entirety.

COMPLAINTS

The applicant complains that the registration and the possible

use of the information concerning him in the central register for

mentally ill persons violate Article 8 of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 13 December 1994 and registered

on 19 January 1995.

The applicant died on 25 January 1996. On 1 April 1996 the

applicant's representative submitted that he had informed the

applicant's three children of the application pending before the

Commission. Furthermore, he submitted a request for the continuation

of the case dated 26 March 1996 from an organisation called "Mental

Helse Norge". Finally, he submitted (without supporting documents) that

a fund which had supported the applicant financially would prefer the

case to continue.

No information has been submitted from the applicant's children.

REASONS FOR THE DECISION

The Commission recalls that the applicant died on

25 January 1996. The Commission further recalls that an applicant's

death does not in itself dispose of his or her complaint. It falls to

the Convention organs to decide whether the application should be

examined further or whether it should be struck out of the list of

cases. In the examination of this question special consideration must

be given to the intentions expressed by the applicant's heirs as well

as to the nature of the complaint (cf. e.g. No. 12526/86, Dec. 7.1.91,

D.R. 68, p. 104).

In the present case the Commission notes that none of the

applicant's children has expressed a wish to have the examination of

the applicant's complaint continued by the Commission.

Furthermore, the Commission finds that the nature of the

complaint does not, following the applicant's death, justify a

continuation of the examination of the petition, nor does the respect

for human rights as defined in the Convention so require. Accordingly,

the Commission finds that the application should be struck out of the

list of cases pursuant to Article 30 para. 1(c) of the Convention.

For these reasons, the Commission, unanimously,

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

M.-T. SCHOEPFER J.-C. GEUS

Secretary Acting President

to the Second Chamber of the Second Chamber

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