Application No. 26910/95
by Berhane FESEHAIE
against Sweden
The European Commission of Human Rights (Second Chamber) sitting
in private on 4 September 1996, the following members being present:
Mrs. G.H. THUNE, President
MM. J.-C. GEUS
G. JÖRUNDSSON
A. GÖZÜBÜYÜK
J.-C. SOYER
H. DANELIUS
F. MARTINEZ
L. LOUCAIDES
M.A. NOWICKI
I. CABRAL BARRETO
J. MUCHA
D. SVÁBY
P. LORENZEN
E. BIELIUNAS
E.A. ALKEMA
M. VILA AMIGÓ
Ms. M.-T. SCHOEPFER, Secretary to the 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 17 February 1995
by Berhane Fesehaie against Sweden and registered on 29 March 1995
under file No. 26910/95;
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 applicant was born in Asmara, Eritrea in 1959 or 1961.
Before the Commission he is represented by Mr. Hans Bredberg, a lawyer
practising in Stockholm.
The applicant resided in Sweden between 1978 and the spring of
1995. He was convicted of crimes of violence and narcotics offences
on several occasions between 1979 and 1992. By judgment of
19 February 1993, the Svea Court of Appeal (Svea hovrätt) convicted the
applicant of certain crimes and sentenced him to two years'
imprisonment. The court further ordered his expulsion. After the
applicant had been released on probation, the Police Authority of
Eskilstuna, by decision of 27 November 1993, put him in detention
pending the expulsion. Thereafter, the applicant's detention was
prolonged by decisions taken every two months. The decisions were
upheld on appeal by the Administrative Court of Appeal (Kammarrätten)
of Jönköping. By judgment of 22 December 1994, the Supreme
Administrative Court (Regeringsrätten) rejected an appeal against the
appellate court's judgment of 30 September 1994, finding that there was
a clear risk that the applicant would continue with his criminal
activities if released and that he did not co-operate with the
responsible authorities in order to facilitate his expulsion. It
appears that the applicant refused to apply for an Eritrean passport.
The applicant alleges that his detention violated Articles 3,
5 para. 1 (f) and 6 of the Convention.
By letter of 20 May 1996, the applicant's representative informed
the Commission of the applicant's wish to withdraw the application.
The representative further stated that the applicant had voluntarily
left Sweden in the spring of 1995.
REASONS FOR THE DECISION
Having regard to Article 30 para. 1 (a) of the Convention, the
Commission notes that the applicant does not intend to pursue his
petition. Furthermore, in accordance with Article 30 para. 1 in fine,
the Commission finds no circumstances regarding respect for human
rights as defined in the Convention which require the continuation of
the examination of the application. The Commission, therefore, accedes
to the applicant's request to withdraw his case.
For these reasons, the Commission, unanimously,
DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.
M.-T. SCHOEPFER G.H. THUNE
Secretary President
to the Second Chamber of the Second Chamber
Full & Egal Universal Law Academy