Application No. 31750/96
by J.A.J.
against Sweden
The European Commission of Human Rights sitting in private on
12 September 1996, the following members being present:
Mr. S. TRECHSEL, President
Mrs. G.H. THUNE
Mrs. J. LIDDY
MM. E. BUSUTTIL
G. JÖRUNDSSON
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.-C. SOYER
H. DANELIUS
F. MARTINEZ
C.L. ROZAKIS
L. LOUCAIDES
J.-C. GEUS
M.P. PELLONPÄÄ
B. MARXER
G.B. REFFI
M.A. NOWICKI
I. CABRAL BARRETO
B. CONFORTI
N. BRATZA
I. BÉKÉS
J. MUCHA
D. SVÁBY
G. RESS
A. PERENIC
C. BÎRSAN
P. LORENZEN
K. HERNDL
E. BIELIUNAS
E.A. ALKEMA
M. VILA AMIGÓ
Mr. H.C. KRÜGER, Secretary to the Commission
Having regard to Article 25 of the Convention for the Protection
of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 3 April 1996 by
J.A.J. against Sweden and registered on 5 June 1996 under file
No. 31750/96;
Having regard to the reports provided for in Rule 47 of the Rules
of Procedure of the Commission;
Having regard to the observations submitted by the respondent
Government on 15 August 1996 and the observations in reply submitted
by the applicant on 5 September 1996;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is an Iraqi citizen born in 1965. He resides at
present at Mjölby, Sweden. Before the Commission he is represented by
Mr. Claes Gustafsson, a lawyer practising at Mjölby.
On 18 April 1994 the applicant was accepted as a quota refugee
by Sweden. He came to Sweden with his family (mother, brothers and
sisters) on 24 August 1994. On 23 February 1995 the National
Immigration Board (Statens invandrarverk) granted the applicant a
permanent residence permit, considering that he was a "de facto
refugee" under Chapter 3, Section 1, subsection 3 of the Aliens Act
(Utlänningslagen, 1989:529), i.e. a person who is not considered to be
a refugee within the meaning of the Aliens Act and the United Nations
Refugee Convention but nevertheless can invoke weighty reasons for not
wanting to return to his native country due to the political situation
there.
By judgment of 21 June 1995, the applicant was convicted of rape
by the District Court (Tingsrätten) of Mjölby. He was sentenced to two
and a half years' imprisonment and the Court further ordered him to be
expelled. The judgment, including the expulsion order, was upheld by
the Göta Court of Appeal (Göta hovrätt) on 21 August 1995. On
29 September 1995 the Supreme Court (Högsta domstolen) refused the
applicant leave to appeal.
By decision of 16 November 1995, the Government rejected the
applicant's request for the expulsion order to be revoked.
On 20 March 1996 the National Parole Board (Kriminalvårds-
nämnden) ordered that the applicant be released on probation on
30 July 1996.
Before the Commission, the applicant, invoking Articles 2 and 3
of the Convention, claims that he risks the death penalty and torture
in Iraq as he has been politically active against the Iraqi Government,
deserted from the Iraqi Army and left the country without permission.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 3 April 1996 and registered on
5 June 1996.
On 4 July 1996 the Commission decided, pursuant to Rule 36 of the
Commission's Rules of Procedure, to indicate to the respondent
Government that it was desirable in the interest of the parties and the
proper conduct of the proceedings not to return the applicant to Iraq
until the Commission had had an opportunity to examine the application.
The Commission further decided, pursuant to Rule 48 para. 2 (b),
to bring the application to the notice of the respondent Government and
to invite them to submit written observations on the admissibility and
merits.
The Government's observations were submitted on 15 August 1996.
The Government informed the Commission of its present practice not to
enforce expulsion orders with respect to Iraq due to the political
situation in that country, provided that the case presents no State
security considerations. Accordingly, the Government had, on
11 July 1996, granted the applicant a temporary residence permit until
31 January 1997. Moreover, as long as the conditions in Iraq do not
undergo a substantial positive change, the applicant might be granted,
in the short term, time-limited residence permits and, in the long
term, a permanent residence permit.
The applicant's observations in reply were submitted on
5 September 1996.
REASONS FOR THE DECISION
As the applicant has been granted a temporary residence permit,
the Commission considers that it is no longer justified to continue the
examination of the application, in accordance with Article 30
para. 1 (c) of the Convention. Moreover, it finds no reasons of a
general character affecting respect for human rights, as defined in the
Convention, which require the further examination of the application
by virtue of Article 30 para. 1 in fine of the Convention. It follows
that the application should be struck off the Commission's list of
cases.
The Commission notes, however, that it may, under Article 30
para. 3 of the Convention, decide to restore the application to its
list of cases if it considers that the circumstances justify such a
course.
For these reasons, the Commission, unanimously,
DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.
H.C. KRÜGER S. TRECHSEL
Secretary President
of the Commission of the Commission
Full & Egal Universal Law Academy