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IMAD ELDIN v. GREECE

Doc ref: 23160/94 • ECHR ID: 001-2108

Document date: April 6, 1995

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IMAD ELDIN v. GREECE

Doc ref: 23160/94 • ECHR ID: 001-2108

Document date: April 6, 1995

Cited paragraphs only

Application No. 23160/94

by Ali IMAD ELDIN

against Greece

The European Commission of Human Rights (First Chamber) sitting

in private on 6 April 1995, the following members being present:

Mrs. J. LIDDY, Acting President

MM. C.L. ROZAKIS

E. BUSUTTIL

A.S. GÖZÜBÜYÜK

A. WEITZEL

M.P. PELLONPÄÄ

B. MARXER

B. CONFORTI

N. BRATZA

I. BÉKÉS

E. KONSTANTINOV

Mrs. M.F. BUQUICCHIO, 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 14 October 1993

by Ali IMAD ELDIN against Greece and registered on 3 January 1994 under

file No. 23160/94;

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

of Procedure of the Commission;

THE FACTS

The applicant is a Syrian citizen born in 1960. Between May 1991

and September 1994 he served a sentence of five years in the State

prison of Patras. His present whereabouts are unknown.

The facts as submitted by the applicant may be summarised as

follows.

On 10 July 1993, while he was doing his daily gymnastic exercise,

the applicant felt a slight pinch on his spine and fell on the floor.

He was transferred to his cell and for twelve days he received no

medical treatment or care except for painkillers.

On 22 July 1993 the prison doctor decided to send the applicant

to the General Hospital of Patras. It was diagnosed that the applicant

suffered from lumbago. The applicant alleges that the doctors who had

examined him recommended that he should be transferred to the Hospital

of Prisoners of Koridallos (Piraeus). However, he was transferred back

to prison where he received only some painkillers.

On 30 July 1993 the applicant addressed an application to the

Public Prosecutor seeking for his intervention in order to be

transferred to the Hospital of Prisoners.

On 9 August 1993 the Public Prosecutor visited him in prison. The

applicant alleges that a prison official gave the Prosecutor the

assurance that the applicant would be transferred to the Hospital of

Prisoners.

On 12 August 1993 the applicant asked to see the prison official

in order to be informed on his transfer to the Hospital. This person

told him that there was nothing that he could do for him. Then the

applicant alleges that he was send to the office of the prison

director, who, in the presence of four guards, threatened to torture

him and put him in solitary confinement.

On 9 September 1993 the applicant addressed a second application

to the Public Prosecutor.

On 20 September 1993 the Public Prosecutor visited the applicant

in prison. The applicant alleges that the Public Prosecutor ordered his

transfer to the Hospital of Prisoners but that his order was never

executed. However, the Government informed the Commission that the

Public Prosecutor had never ordered the applicant's transfer to the

Hospital of Prisoners and that the applicant had all necessary medical

treatment at the local hospital of Patras.

COMPLAINT

The applicant complains that he has been deprived of the

necessary medical treatment and that the state of his health is

seriously deteriorating. He invokes Article 3 of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 14 October 1993 and registered

on 3 January 1994.

On 14 September 1994, pursuant to Rule 47 para. 2 a) of the Rules

of Procedure, the Rapporteur requested the respondent Government to

provide certain information to the Commission.

On 26 October 1994 the Government submitted the information

requested. As the applicant's present address is unknown, the

Commission has not been able to request the applicant to comment on the

information submitted by the Government.

REASONS FOR THE DECISION

The Commission notes that by letter of 28 October 1994, addressed

to the prison of Patras where he was being detained, the applicant was

invited to comment on the information supplied by the Government. The

letter was returned unopened with the indication that the applicant had

been released from prison.

Given the applicant's failure to indicate his new address, the

Commission concludes under Article 30 para. 1 a) of the Convention that

the applicant no longer intends to pursue his petition. Furthermore,

in accordance with Article 30 para. 1 in fine of the Convention, 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.

For these reasons, the Commission, unanimously,

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

Secretary Acting President

to the First Chamber of the First Chamber

(M.F. BUQUICCHIO) (J. LIDDY)

LEXI

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