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D.B. v. SWEDEN

Doc ref: 14468/88 • ECHR ID: 001-1130

Document date: March 10, 1989

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D.B. v. SWEDEN

Doc ref: 14468/88 • ECHR ID: 001-1130

Document date: March 10, 1989

Cited paragraphs only

AS TO THE ADMISSIBILITY OF

Application No. 14468/88

by D.B.

against Sweden

The European Commission of Human Rights sitting in private on

10 March 1989, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

F. ERMACORA

G. SPERDUTI

E. BUSUTTIL

G. JÖRUNDSSON

A. WEITZEL

J.C. SOYER

H.G. SCHERMERS

H. DANELIUS

G. BATLINER

J. CAMPINOS

H. VANDENBERGHE

Sir Basil HALL

MM. F. MARTINEZ

C.L. ROZAKIS

Mrs. J. LIDDY

Mr. L. LOUCAIDES

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 14 December

1988 by D.B. against Sweden and registered on 14 December 1988

under file No. 14468/88;

Having regard to the report provided for in Rule 40 of the

Rules of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The facts of the case, as submitted by the parties,

may be summarised as follows:

The applicant is a Lebanese citizen, born in 1962. She is

represented before the Commission by Mr Jan Axelsson, a practising

lawyer in Stockholm.

The applicant's husband, a Christian Maronite, was allegedly

killed in Lebanon in October 1987 by persons belonging to a political

group hostile to the one to which the applicant's husband belonged.

The applicant fled from her home town Zahle to escape those who had

killed her husband.

On 28 October 1988 the applicant left Lebanon. She went by

boat to Cyprus, from there by aeroplane to the Federal Republic of

Germany and eventually by car to Sweden, where she arrived on

30 October 1988.

The applicant asked for political asylum in Sweden.

However, on 9 December 1988, the Police Board (polisstyrelsen) of

Södertälje decided to deport (avvisa) the applicant pursuant to

Section 28 (1) and Section 29 (1) of the Aliens Act (utlänningslagen).

On the same day, 9 December 1988, the National Immigration

Board (statens invandrarverk) decided not to take over the case on the

condition that the applicant would be sent to Jounieh in Lebanon.

The applicant appealed to the National Immigration Board

and requested a stay of the enforcement of the deportation order. On

14 December 1988 the National Board decided not to stop the

enforcement. Eventually the applicant left Sweden.

THE COMPLAINTS

The applicant maintained that her deportation to Lebanon would

threaten her life and well-being and violate Article 3 of the

Convention. In respect of this complaint the applicant also alleged

that she did not have an effective remedy as required by Article 13 of

the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 14 December 1988 and

registered on the same day.

On 16 December 1988 the Commission decided not to apply

Rule 36 of the Commission's Rules of Procedure, but to bring the

application to the notice of the respondent Government and to invite

them, pursuant to Rule 42 para. 2 (a) of the Rules of Procedure, to

submit certain information in writing.

The Government's communication was dated 4 January 1989.

By letter of 17 January 1989 the applicant's representative

informed the Commission that the applicant had left Sweden and that

she did not wish to pursue her case.

REASONS FOR THE DECISION

The Commission notes that the applicant has withdrawn her

application. It finds that there are no reasons of a general

character affecting the observance of the Convention which require a

further examination of the application.

For these reasons, the Commission

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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