Application No. 18418/91
by Can and Seyhan ALTINKAYA
against Sweden
The European Commission of Human Rights (Second Chamber) sitting
in private on 13 January 1992, the following members being present:
MM.S. TRECHSEL, President of the Second Chamber
G. JÖRUNDSSON
A. WEITZEL
J.C. SOYER
H.G. SCHERMERS
H. DANELIUS
Mrs.G.H. THUNE
MM.F. MARTINEZ
L. LOUCAIDES
J.-C. GEUS
Mr. K. ROGGE, Secretary to the Second Chamber.
Having regard to Article 25 of the Convention for the Protection
of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 28 March 1991 by
Can and Seyhan ALTINKAYA against Sweden and registered on 26 June 1991
under file No. 18418/91;
Having regard to the report provided for in Rule 47 of the Rules
of Procedure of the Commission;
Having regard to the information submitted by the Government on
25 October and the applicants' letter of 28 November 1991;
Having deliberated;
Decides as follows:
THE FACTS
The first applicant, born in 1964, is a Turkish and the second
applicant, born in 1966, is a Swedish citizen. They are husband and
wife and reside at Södertälje. Before the Commission they are
represented by Mr. Hans Engström, a lawyer practising at Skärholmen.
The facts of the case, as submitted on behalf of the applicants,
may be summarised as follows.
The applicants are Syrian-Orthodox Christians. The first
applicant came illegally to Sweden in July 1982. His Turkish passport
has expired, as he has not performed military service. The second
applicant came to Sweden as a child and her family is living in Sweden.
Since 1989 the applicants have lived together and in June 1990 they
married.
It appears that on 6 December 1990 the Government upheld a
previous decision of the National Immigration Board (statens
invandrarverk) rejecting the first applicant's request for a residence
permit in Sweden.
On 13 March 1991 the National Immigration Board rejected a
further request for a residence permit lodged by the first applicant.
It further found no reason to suspend the enforcement of the
deportation order previously issued with regard to him.
COMPLAINTS
The applicants complained that the first applicant, if returned,
will be brought to trial and be imprisoned for desertion as well as
possibly killed or persecuted; that, in any case, he will have to
perform "two years of hard military service in a Muslim army"; that the
applicants will be separated possibly for three years or longer, as the
second applicant's family is living in Sweden, does not speak Turkish
and would not be granted a residence permit in Turkey. They invoked
Articles 8 and 12 of the Convention.
PROCEEDINGS BEFORE THE COMMISSION
On 3 April 1991 the applicants requested the Commission to apply
Rule 36 of its Rules of Procedure in their case. This was rejected by
the President on the same day.
On 12 September 1991 the Rapporteur, pursuant to Rule 47 para.
2 (a) of the Commission's Rules of Procedure, decided to request
further information from the Government. Following two extensions of
the time-limit the information was submitted by the Government on
25 October 1991. On 31 October 1991 comments on this information were
requested from the applicants.
By letter of 28 November 1991 the applicants stated that they
wished to withdraw their application, as the first applicant had been
granted a permanent residence permit in Sweden.
REASONS FOR THE DECISION
Having regard to Article 30 para. 1 (b) of the Convention the
Commission notes that the applicants wish to withdraw their application
since the first applicant has been granted a permanent residence
permit. In these circumstances the Commission concludes that the matter
has been resolved. It further considers 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 the reasons, the Commission, unanimously,
DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.
Secretary to the Second Chamber President of the Second Chamber
(K. ROGGE) (S. TRECHSEL)
Full & Egal Universal Law Academy