r esolution DH (99) 716

concerning the judgment of the European Court of Human Rights of  9 October 1998 in the case of  Hatami against Sweden

(Adopted by the Committee of Ministers on 3 December 1999 at the 688th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 54 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the case of Hatami against  Sweden delivered on 9 October 1998 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 32448/96) against Sweden, lodged with the European Commission of Human Rights on 22 July 1996 under Article 25 of the Co n vention by Mr Korosh Hatami , an Iranian national, and that the Commission declared admissible the complaint that his expulsion from Sweden and deportation to Iran would expose him to ill-treatment and thus give rise to a violation of Article 3 of the Convention;

Recalling that the case was brought before the Court by the Commission on 27 May 1998;

Whereas in its judgment of 9 October 1998 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having found no reason of public policy justifying the continuation of the proceedings, decided, unanimously, to strike the case out of its list;

Whereas under the above-mentioned friendly settlement it was agreed that :

a . Mr Korosh Hatami would lodge a new application for a residence permit with the Aliens Appeals Board;

b . Subject to the fulfilment of what is stated under a . above and provided that the Aliens Appeals Board would grant Mr Korosh Hatami a residence permit and quash the expulsion order, the government would pay, ex gratia , the sum of 100 000 swedish crowns to Mr Korosh Hatami which corresponds to his legal costs before the Commission and the Court and for the application referred to under a . above;

c . Mr Korosh Hatami, subject to the fulfilment of what is stated under b ., would have no further claims against the Swedish state based on the facts of the relevant application;

Recalling that Rule 49, paragraph 3, of the Rules of the Court provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers in order to allow it to supervise, in accordance with Article 54 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 of the Convention;

Whereas on 22 September 1998 the agent of the government informed the Registrar of the Court that the Aliens Appeals Board had granted the applicant a permit to reside permanently in Sweden and had repealed the expulsion order and that the reimbursement of his legal costs would be effected as soon as possible;

Whereas the government of the respondent state paid on 5 October 1998 the applicant the sum for legal costs provided for in the friendly settlement;

Having furthermore noted that, since 1 January 1997, a well-founded fear of subjection to the death penalty, corporal punishment, torture or other inhuman or degrading treatment or punishment, constitutes a separate ground under chapter 3, section 3, of the Aliens Act for granting a residence permit and that under chapter 8, section 1, an alien may not be expelled  to a country where there is reasonable cause to believe that he or she would risk being subjected to the death penalty, corporal punishment, torture or other inhuman or degrading treatment or punishment;

Declares, after having taken note of the information supplied by the Government of Sweden, that it has exe r cised its functions under Article 54 of the Convention in this case.