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M.S. v. AUSTRIA

Doc ref: 22443/93 • ECHR ID: 001-1677

Document date: September 10, 1993

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M.S. v. AUSTRIA

Doc ref: 22443/93 • ECHR ID: 001-1677

Document date: September 10, 1993

Cited paragraphs only

AS TO THE ADMISSIBILITY OF

Application No. 22443/93

by M.S.

against Austria

The European Commission of Human Rights sitting in private on

10 September 1993, the following members being present:

MM. C.A. NØRGAARD, President

S. TRECHSEL

A. WEITZEL

F. ERMACORA

E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

H.G. SCHERMERS

H. DANELIUS

Mrs. G.H. THUNE

MM. F. MARTINEZ

C.L. ROZAKIS

Mrs. J. LIDDY

MM. J.-C. GEUS

M.P. PELLONPÄÄ

B. MARXER

M.A. NOWICKI

I. CABRAL BARRETO

B. CONFORTI

N. BRATZA

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 1 November 1992

by M.S. against Austria and registered on 11 August 1993 under file No.

22443/93;

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, born in 1957, is of Serbian origin. When lodging

his application, he was serving a prison term in the prison of Graz.

The applicant was convicted by the Vienna Regional Court

(Landesgericht) of having committed a robbery and sentenced to five

years' imprisonment. The conviction was confirmed by the Vienna Court

of Appeal (Oberlandesgericht) on 13 February 1989. It appears that his

expulsion upon his release was ordered. While serving this term of

imprisonment, the applicant was convicted of unlawful coercion and of

having caused damage to property and sentenced to further two and a

half months' imprisonment, his date of release being 5 October 1993.

On 9 March 1993 the Graz Regional Court dismissed the applicant's

request for a conditional release.

The applicant also submits that his request with the Graz Federal

Police Department (Bundespolizeidirektion) dated 15 February 1993 not

to be expelled to former Yugoslavia, has not yet been decided upon.

COMPLAINTS

The applicant complains about his expulsion to former Yugoslavia

upon his release from detention. He submits that the whereabouts of

his family in former Yugoslavia are unknown to him. He also fears that

he might be involved in the civil war in former Yugoslavia. He states

that he accepts to leave Austria after having been granted the right

to stay for a period of one week in order to settle his personal

matters. He does not invoke any provision of the Convention.

THE LAW

The applicant complains about his expulsion to former Yugoslavia.

The Commission recalls that the Convention does not grant to

aliens the right of residence in a Contracting State. However,

expulsion may, in exceptional circumstances, involve a violation of the

Convention where there is a serious fear of treatment contrary to

Article 3 (Art. 3) of the Convention in the country to which the person

is to be expelled (see Eur. Court H.R., Vilvarajah and others judgment

of 30 October 1991, Series A no. 215, p. 34, para. 102).

In the present case, the Commission, even assuming that the

applicant complied with the conditions under Article 26 (Art. 26) of

the Convention, finds that his submissions relate to the general

situation in former Yugoslavia and do not disclose any indication of

a particular personal risk of torture or inhuman or degrading treatment

upon his return (cf. Eur. Court H.R., Vilvarajah and Others judgment,

loc. cit., p. 34, para. 103, and p. 36, paras. 107 and 108).

It follows that the application is manifestly ill-founded within

the meaning of Article 27 para. 2 (Art. 27-2) of the Convention.

For these reasons, the Commission unanimously

DECLARES THE APPLICATION INADMISSIBLE.

Secretary to the Commission President of the Commission

(H.C. KRÜGER) (C.A. NØRGAARD)

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