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C. v. AUSTRIA

Doc ref: 18100/91 • ECHR ID: 001-1245

Document date: December 9, 1991

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C. v. AUSTRIA

Doc ref: 18100/91 • ECHR ID: 001-1245

Document date: December 9, 1991

Cited paragraphs only

Application No. 18100/91

by S.C.

against Austria

The European Commission of Human Rights sitting in private on

9 December 1991, the following members being present:

MM.C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

F. ERMACORA

E. BUSUTTIL

G. JÖRUNDSSON

A. WEITZEL

J.C. SOYER

H.G. SCHERMERS

H. DANELIUS

SirBasil HALL

MM.F. MARTINEZ

C.L. ROZAKIS

Mrs.J. LIDDY

MM.L. LOUCAIDES

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 5 April 1991 by

S.C. against Austria and registered on 19 April 1991 under file No.

18100/91;

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 facts as submitted by the parties may be summarised as

follows.

The applicant is a Sri Lankan citizen of Tamil origin, who was

born in 1955. Currently he resides at Eisenkappel/Carinthia. Before

the Commission he is represented by Mr. H. Jalovetz, a lawyer

practising at Villach.

At the end of February 1991 he left Sri Lanka, as he feared

persecution, by boat and directly travelled to Yugoslavia. Later, on

26 March 1991, he entered Austria illegally where he applied for asylum

on the grounds that in 1988 he had been arrested in Sri Lanka without

any reason, and in 1989 his farm had been occupied by the army,

obliging him to leave his house.

On 8 April 1991 the Carinthian Security Directorate

(Sicherheitsdirektion) granted a provisional residence permit to the

applicant.

By letter of 4 September 1991 the applicant's lawyer informed the

Commission that the applicant had been granted an indefinite residence

permit.

COMPLAINTS

The applicant complained under Article 3 of the Convention that

he would be subjected to inhuman or degrading treatment if he were

returned to Sri Lanka. He feared that he immediately would be expelled

to Yugoslavia or Turkey and from there to Sri Lanka.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 5 April 1991 and registered on

19 April 1991.

On 19 April 1991 the Commission decided not to give an indication

under Rule 36 of its Rules of Procedure. The Commission further

decided to communicate the application with a request for information

to the respondent Government according to Rule 48 para. 2 (a) of the

Rules of Procedure.

The Government submitted their information on 13 May 1991, and

the applicant replied on 27 May 1991.

By letter of 4 September 1991 the applicant's lawyer informed the

Commission that the applicant withdrew his application as he had

received a residence permit in the meantime.

Reasons for the decision

The Commission notes that the applicant has withdrawn his

application. It therefore concludes that the applicant does not intend

to pursue his petition within the meaning of Article 30, para. 1 (a)

of the Convention. Moreover, the Commission finds that no special

circumstances affecting the respect for Human Rights as defined in the

Convention require the further examination of the application under

Article 30 para. 1 in fine of the Convention.

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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