FIFTH SECTION
DECISION
Application no. 61109/08
by Isuf DAUTAJ and Others
against Sweden
The European Court of Human Rights (Fifth Section), sitting on 10 May 2011 as a Chamber composed of:
Dean Spielmann, President,
Elisabet Fura,
Boštjan M. Zupančič,
Isabelle Berro-Lefèvre,
Ann Power,
Ganna Yudkivska,
Angelika Nußberger, judges,
and Claudia Westerdiek, Section Registrar,
Having regard to the above application lodged on 17 December 2008,
Having regard to the submissions of 25 June 2010 by the respondent Government requesting the Court to strike the application out of the list of cases,
Having deliberated, decides as follows:
THE PROCEDURE
The application was lodged by the first and the second applicants, Mr Isuf Dautaj and Mrs Gjulferije Dautaj, who were born in Kosovo[1] in 1962 and 1965. They appear to be Serbian nationals; the first applicant of Roma origin and the second applicant of Ashkali ethnicity. The third and the fourth applicants are their children, Ibrahim and Lűlsim Dautaj, born in Germany in 1990 and 1991. It is not known where the applicants currently live.
The Swedish Government (“the Government”) were represented by their Agent, Mrs Gunilla Isaksson, from the Ministry of Foreign Affairs.
The applicants complained under Article 2, 3 and 8 of the Convention that the Swedish authorities refused to grant them asylum.
The applicants’ complaints were communicated to the Government, who submitted their observations on the admissibility and merits on 25 June 2010. They emphasised that in May 2009 the applicants had stated before the Immigration Authorities that they would voluntarily return to Kosovo and that therefore a European Union Laissez-Passer had been issued to them. The journey was booked for 11 June 2009. However, the applicants failed to appear. On 8 July 2009 the first applicant appeared at a police station in Sweden. He submitted that he still wanted to return to Kosovo voluntarily and that the second, third and fourth applicants had already returned to Kosovo by car with another family. Accordingly, on 5 August 2009 the first applicant was returned unescorted by aeroplane from Sweden to Pristina in Kosovo. It appears that shortly thereafter the applicants applied for asylum in Norway.
None of the applicants has contacted the Court since January 2009 so the Government’s observations were forwarded to the applicants for comments at the only address known to the Court. No reply was received.
THE LAW
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Claudia WesterdiekDean Spielmann
RegistrarPresident
[1] All reference to Kosovo, whether to the territory, institutions or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.
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