Application No. 35641/97
by Veli KAYDU
against Sweden
The European Commission of Human Rights sitting in private on
10 July 1997, 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
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
Mrs. M. HION
MM. R. NICOLINI
A. ARABADJIEV
Mrs. M. BUQUICCHIO, Deputy to the 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 11 October 1996 by Veli Kaydu against Sweden
and registered on 17 April 1997 under file No. 35641/97;
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 16 June 1997 and the observations in reply submitted by
the applicant on 1 July 1997;
Having deliberated;
Decides as follows:THE FACTS
The applicant, a Turkish citizen born in 1969, resides in
Skärholmen, Sweden. Before the Commission he is represented by
Mr Michel Barmoro, a lawyer practising in Södertälje.
On 16 September 1992 the applicant arrived in Sweden where he
later applied for asylum. On 19 May 1993 the National Immigration
Board (Statens invandrarverk) rejected the application and ordered the
applicant's deportation to Turkey. The applicant appealed and the
Aliens Appeals Board (Utlänningsnämnden) referred the case to the
Government. On 22 December the Government rejected the appeal.
On 26 October 1995 the applicant lodged a new application with
the Aliens Appeals Board. By decision of 12 June 1997, the Board
granted the applicant a temporary residence permit until
15 December 1997.
COMPLAINTS
The applicant claimed, under Article 3 of the Convention, that
he would risk torture or other inhuman treatment upon return to Turkey.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 11 October 1996 and registered
on 17 April 1997.
On 17 April 1997 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 expel the applicant to Turkey
until the Commission had had an opportunity to examine the application.
The Commission further decided, pursuant to Rule 48 para. 2 (b), to
communicate the application to the Government.
By decision of 29 May 1997, the Commission prolonged the
indication under Rule 36 until 11 July 1997.
On 16 June 1997 the Government informed the Commission of the
decision of the Aliens Appeals Board to grant the applicant a temporary
residence permit. The Government therefore requested the Commission
to strike the application out of its list of cases.
By letter of 1 July 1997, the applicant, referring to the fact
that he had been granted a temporary residence permit, expressed the
wish to withdraw the present application.
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. Further, as he has been granted a temporary residence
permit, the Commission finds, in accordance with Article 30
para. 1 (b), that the matter has been resolved. Moreover, as regards
the issues raised in the present case, the Commission 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.
For these reasons, the Commission, unanimously,
DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.
M. BUQUICCHIO S. TRECHSEL
Deputy to the Secretary President
to the Commission of the Commission
Full & Egal Universal Law Academy