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C. v. SWEDEN

Doc ref: 16847/90 • ECHR ID: 001-1231

Document date: December 12, 1991

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C. v. SWEDEN

Doc ref: 16847/90 • ECHR ID: 001-1231

Document date: December 12, 1991

Cited paragraphs only

Application No. 16847/90

by K.C.

against Sweden

The European Commission of Human Rights sitting in private on 12

December 1991, the following members being present:

MM.C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

F. ERMACORA

G. JÖRUNDSSON

A. WEITZEL

J.C. SOYER

H.G. SCHERMERS

H. DANELIUS

Mrs.G.H. THUNE

SirBasil HALL

Mr.F. MARTINEZ

Mrs.J. LIDDY

MM.J.-C. GEUS

A.V. ALMEIDA RIBEIRO

M.P. PELLONPÄÄ

B. MARXER

Mr.H.C. KRÃœGER, 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 10 July 1990 by

K. C. against Sweden and registered on 11 July 1990 under file No.

16847/90;

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 is a stateless Palestinian of Syrian origin. He was

born in 1962. Before the Commission the applicant is represented by Mr.

Jean-Luc Martin, Uppsala, Sweden.

The applicant came to Sweden on 15 May 1985. He applied for

political asylum. His application was rejected on 17 October 1985 by

the National Immigration Board (statens invandrarverk) and his appeal

was rejected by the Government on 23 October 1986. On 30 October 1986

the applicant married MJ and was subsequently granted a permanent

residence permit.

On 6 June 1990 the applicant was arrested under an anti-terrorist

provision, suspected of illegal activities. Other members of his family

living in Sweden were also arrested. His parents, his sister and a

cousin were expelled to Syria at the end of June 1990. It appears that

the applicant was expelled to Syria on 16 July 1990.

Before the Commission the applicant alleged that an expulsion to

Syria would amount to a violation of Articles 2, 3, 5, 7, 9, 10, 11,

13 and 16 of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 10 July 1990 and registered on

11 July 1990.

On 12 July 1990 the Commission rejected the applicant's request,

under Rule 36 of its Rules of Procedure, to indicate to the Swedish

Government that the expulsion should not be enforced.

On 4 October 1991 the applicant informed the Commission that he

wished to withdraw his application.

REASONS FOR THE DECISION

Having regard to Article 30 para. 1 of the Convention the

Commission finds that the applicant does not intend to pursue his

petition and it considers that respect for Human Rights as defined in

the Convention does not require that it continues its examination of

the case.

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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