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R. v. SWEDEN

Doc ref: 12928/87 • ECHR ID: 001-496

Document date: October 7, 1987

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Cited paragraphs: 0
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R. v. SWEDEN

Doc ref: 12928/87 • ECHR ID: 001-496

Document date: October 7, 1987

Cited paragraphs only

Application No. 12928/87

by F.R.

against Sweden

The European Commission of Human Rights sitting in private on

7 October 1987, the following members being present:

MM. C.A. NØRGAARD, President

S. TRECHSEL

F. ERMACORA

M.A. TRIANTAFYLLIDES

E. BUSUTTIL

A. WEITZEL

J.C. SOYER

H.G. SCHERMERS

H. DANELIUS

G. BATLINER

H. VANDENBERGHE

Mrs. G.H. THUNE

Sir Basil HALL

MM. F. MARTINEZ

C.L. ROZAKIS

Mrs. J. LIDDY

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 20 May 1987

by F.R. against Sweden and registered on 20 May 1987

under file No. 12928/87;

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 they appear from the applicant's

submissions, may be summarised as follows.

The applicant, Mrs. F.R., is an Iraqi citizen of

Kurdish origin. Before the Commission she is represented by Mr. Lars

F. Carlén, a lawyer practising at Uppsala.

The applicant came to Sweden on 10 May 1987 from Syria

together with her husband and three children born in 1978, 1980 and

1986 respectively.

The applicant's request for a permit to stay in Sweden was

rejected by the police authority at the Arlanda airport on 14 May 1987

which ordered that the applicant be refused entry into Sweden and be

expelled.

On 15 May 1987 the National Board of Immigration (statens

invandrarverk) examined the case on the basis of the provisions of

Section 37 of the Aliens Act (utlänningslagen). The Board decided

not to review the case but stated that a condition for the

enforcement was that the applicant would be sent to Syria.

On the same day, when the applicant learnt that the National

Board of Immigration had refused to review the case, she had

a shock and was taken into hospital.

At the hospital the responsible doctors found that the

applicant's pregnancy (now 36 weeks) was so advanced that contractions

had started. The doctor administered medicine which stopped the

contractions. On 18 May the doctor said that the applicant no longer

needed hospital care and she was discharged on the same day.

At once the police authority started to book plane tickets

regardless of the risks of such a trip and whether the airplane

captain would accept her on board.

In addition, the applicant submits that, when she was fetched

by the policemen, they dragged her with her knees on the ground from

the car to the police station.

On 18 May 1987 the applicant appealed against the refusal of

entry to the National Board of Immigration and she also asked that,

pending the examination of the appeal, she should not be expelled.

On the same day the National Immigration Board refused to

order a stay of the expulsion.

On 19 May 1987 the applicant submitted a fresh request for a

postponement of the expulsion.

On the same day the applicant was again taken into hospital

complaining about pain in her stomach and back.

COMPLAINTS

The applicant submitted that she had been subjected to

treatment contrary to Article 3 of the Convention. The debasement and

inhumanity consisted of giving medicine to stop the contractions, the

apparent purpose being to make expulsion possible three days later,

and of the way she was transported.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced and registered on 20 May 1987.

On the same day, the Government were given notice of the

introduction of the application in accordance with Rule 41 of the

Commission's Rules of Procedure.

Later the same day, the Government informed the Commission's

Secretary that the enforcement of the applicant's expulsion had been

stayed by an order of the National Board of Immigration the same morning.

By letter of 25 June 1987 the applicant notified the

Commission that she wished to withdraw her application.

REASONS FOR THE DECISION

The Commission notes that the expulsion of the applicant has

been suspended and that she now wishes to withdraw her application

before the Commission.

The Commission finds no reasons of a general character which

would warrant a further examination of the application.

For these reasons, the Commission

DECIDES TO STRIKE THE APPLICATION OF ITS LIST OF CASES.

Secretary to the Commission President of the Commission

(H. C. KRÜGER) (C. A. NØRGAARD)

LEXI

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