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CASE OF MARGARETA AND ROGER ANDERSSON AGAINST SWEDEN

Doc ref: 12963/87 • ECHR ID: 001-55527

Document date: May 15, 1992

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Cited paragraphs: 0
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CASE OF MARGARETA AND ROGER ANDERSSON AGAINST SWEDEN

Doc ref: 12963/87 • ECHR ID: 001-55527

Document date: May 15, 1992

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 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 Margareta and Roger Andersson against

Sweden delivered on 25 February 1992 and transmitted the same day

to the Committee of Ministers;

Recalling that the case originated in an application against

Sweden lodged with the European Commission of Human Rights on

13 February 1987 under Article 25 (art. 25) of the Convention by

Mrs Margareta Andersson and her son Roger Andersson, Swedish

nationals, who complained of the taking of Roger into public

care, the maintenance in force of the care order, his placement

in a foster home and the restrictions imposed on their access to

each other, including communications by correspondence and

telephone;

Recalling that the case was brought before the Court by the

Commission on 14 December 1990 and by the Government of Sweden

on 17 December 1990;

Whereas in its judgment of 25 February 1992 the Court:

- held by eight votes to one that there had been a

violation of Article 8 (art. 8) of the Convention;

- held unanimously that it was not necessary to examine

the complaints under Article 13 (art. 13) with regard

to Margareta Andersson;

- held by five votes to four that there had been no

violation of Article 13 (art. 13) with regard to Roger

Andersson;

- held unanimously that Sweden was to pay within three

months:

. to each of the applicants 50 000 Swedish crowns for

non-pecuniary damage;

. to the applicants jointly 125 000 Swedish crowns

for legal fees and expenses;

- rejected unanimously the remainder of the claim for

just satisfaction;

Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of

the Convention;

Having invited the Government of Sweden to inform it of the

measures which had been taken in consequence of the judgment of

25 February 1992, having regard to its obligation under

Article 53 (art. 53) of the Convention to abide by it;

Having satisfied itself that the Government of Sweden

has paid on 17 March 1992 the applicants the sums provided for

in the judgment of 25 February 1992,

Declares that it has exercised its functions under

Article 54 (art. 54) of the Convention in this case.

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