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ÜNVER AND ISSA v. SWEDEN

Doc ref: 23662/94 • ECHR ID: 001-2066

Document date: February 20, 1995

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ÜNVER AND ISSA v. SWEDEN

Doc ref: 23662/94 • ECHR ID: 001-2066

Document date: February 20, 1995

Cited paragraphs only

Application No. 23662/94

by Ibrahim ÜNVER and Sana ISSA

against Sweden

The European Commission of Human Rights sitting in private on

20 February 1995, the following members being present:

MM. C.A. NØRGAARD, President

H. DANELIUS

C.L. ROZAKIS

G. JÖRUNDSSON

S. TRECHSEL

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

I. BÉKÉS

J. MUCHA

D. SVÁBY

E. KONSTANTINOV

G. RESS

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 7 March 1994 by

Ibrahim ÃœNVER and Sana ISSA against Sweden and registered on 14 March

1994 under file No. 23662/94;

Having regard to :

- the reports provided for in Rule 47 of the Rules of Procedure of

the Commission;

- the Commission's decision of 11 March 1994 to request information

from the respondent Government;

- the information provided by the respondent Government on

19 April 1994 and the comments in reply submitted by the

applicants on 25 May 1994;

- the Commission's decision of 10 October 1994 to request further

information from the respondent Government;

- the information provided by the respondent Government on

28 October 1994;

Having deliberated;

Decides as follows:

THE FACTS

The applicants, husband and wife, were born in 1962 and 1968,

respectively. They are allegedly stateless. They are currently living

in Sweden and are represented by Mr. Leif Rydberg, a lawyer in

Bergshamra.

The facts of the case, as submitted by the applicants, may be

summarised as follows.

The wife entered Sweden on 10 October 1990. She stated to the

police that in August 1990 six masked men had come to look for her

husband in their home in Lebanon in order to persuade him to join one

of the fighting militias. The husband had been absent at the time and

the persons had then attempted to rape her. She had screamed for help

and an armed neighbour had come to her rescue, threatening to shoot the

attackers, who then left.

The husband entered Sweden on 26 December 1990. He stated that

in the beginning of 1990 his barber shop had been burned down because

he had refused to support ex-General Aoun's forces. Both applicants had

allegedly been harassed, assaulted and otherwise persecuted for being

Christians.

Both applicants entered Sweden on false passports, claiming that

they have never been given a Lebanese passport due to their lack of

citizenship. Their parents allegedly originated from Turkey and were

of Assyrian origin.

On 13 June 1991 the National Immigration Board (statens

invandrarverk) rejected the applicants' request for asylum or residence

permits, considering, notably, that the general situation in Lebanon

was not such that asylum should be granted. The applicants were ordered

to be expelled to Lebanon, although their citizenship was considered

to be unknown.

On 5 June 1992 the National Immigration Board's decision was

upheld by the Aliens' Appeals Board (utlänningsnämnden).

On 15 September 1992 the applicants lodged a further request for

asylum or residence permits, referring to the alleged arrest and

disappearance of an asylum seeker returned from Sweden to Lebanon.

On 17 September 1992 the applicants' further request was rejected

by the National Immigration Board.

Pending an investigation of the applicants' possible citizenship

the expulsion order has not yet been enforced.

COMPLAINTS

The applicants complain about their possibly forthcoming

expulsion to Lebanon, where they fear they would be subjected to

further persecution, possibly with a deadly result. They refer to the

persecution of Christians by the Muslim-dominated Syrian rulers of

Lebanon. They also assert that stateless persons of Turkish origin

cannot receive Lebanese citizenship and related rights. The applicants

have allegedly also been forced to perform activities in support of

General Aoun's forces. Such supporters may still be arrested in

Lebanon. The applicants finally refer to the second applicant's severe

asthma and chronic bronchitis. They invoke Articles 3, 5, 6, 8, 9, 10,

13 and 14 of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 7 March 1994 and registered on

14 March 1994.

On 11 March 1994 the Commission decided to request information

from the respondent Government, pursuant to Rule 48 para. 2 (a) of the

Rules of Procedure.

The information requested by the Commission was submitted by the

Government on 19 April 1994. The applicants submitted comments in reply

on 25 May 1994 after an extension of their time-limit.

On 10 October 1994 the Commission decided to request further

information from the respondent Government.

The information requested by the Commission was submitted by the

Government on 28 October 1994.

REASONS FOR THE DECISION

The Commission notes the respondent Government's statement that

there are no plans to attempt to enforce the expulsion order concerning

the applicants, since it has not been possible to establish their true

identities and nationalities. The Commission finds, pursuant to Article

30 para. 1 (c) of the Convention, that it is no longer justified to

continue the examination of their petition. It furthermore finds no

special circumstances regarding respect for Human Rights, as defined

in the Convention, which require the continuation of the examination

of the application.

The Commission recalls, however, that under Article 30 para. 3

of the Convention it may decide to restore a petition to its list of

cases if it considers that the circumstances justify such a course.

For these reasons, the Commission, unanimously,

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.

Secretary to the Commission President of the Commission

(H.C. KRÜGER) (C.A. NØRGAARD)

LEXI

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