Application No. 11704/85
Eva KROL
against
SWEDEN
REPORT OF THE COMMISSION
(adopted on 5 July 1988)
TABLE OF CONTENTS
Page
INTRODUCTION ............................................ 1
PART I: STATEMENT OF THE FACTS .......................... 3
PART II: SOLUTION REACHED ............................... 4
&SINTRODUCTION&_
1. This report relates to Application No. 11704/85
against Sweden by Mrs. Eva Krol on 13 August 1985 under Article 25 of
the Convention for the Protection of Human Rights and Fundamental
Freedoms. The application was registered on 21 August 1985.
The applicant was represented by Mr. Lennart Hane, a lawyer
practising in Stockholm.
The Government of Sweden were represented by their Agent,
Ambassador Hans Corell, Under-Secretary at the Ministry for Foreign
Affairs, Stockholm.
2. On 7 October 1987 the European Commission of Human Rights
declared the application admissible.* The Commission then proceeded
to carry out its task under Article 28 of the Convention which
provides as follows:
"In the event of the Commission accepting a petition
referred to it:
(a) it shall, with a view to ascertaining the facts,
undertake together with the representatives of the parties
an examination of the petition and, if need be, an
investigation, for the effective conduct of which the
States concerned shall furnish all necessary facilities,
after an exchange of views with the Commission;
(b) it shall place itself at the disposal of the parties
concerned with a view to securing a friendly settlement
of the matter on the basis of respect for Human Rights as
defined in this Convention."
3. The Commission found that the parties had reached a friendly
settlement of the case and on 5 July 1988 it adopted this Report,
which, in accordance with Article 30 of the Convention, is confined
to a brief statement of the facts and of the solution reached.
________________________
* This decision is public and can be obtained from the
Commission's Secretary. The decision will be published
in the Commission's official publication entitled Decisions
and Reports.
The following members of the Commission were present when the
Report was adopted.
MM. C. A. NØRGAARD, President
J. A. FROWEIN
S. TRECHSEL
E. BUSUTTIL
A. S. GÖZÜBÜYÜK
A. WEITZEL
J. C. SOYER
H. G. SCHERMERS
H. DANELIUS
G. BATLINER
H. VANDENBERGHE
Mrs. G. H. THUNE
Sir Basil HALL
MM. F. MARTINEZ
C. L. ROZAKIS
Mrs. J. LIDDY
&SPART I&_
STATEMENT OF THE FACTS
4. The applicant, Mrs. Eva Krol, is a Polish citizen born in
1950 and resident in Stockholm.
5. On 18 April 1985 the applicant gave birth to a daughter,
Maria. On 24 April 1985 the Deputy Chairman of the Social District
Council No. 5 (sociala distriktsnämnden nr 5) in Stockholm decided
pursuant to Section 6 of the 1980 Act with Special Provisions on the
Care of Young Persons (lagen med särskilda bestämmelser om vård av
unga) to take the child into care immediately (a provisional care
order) because it was considered that there was a serious risk to the
child's health and development if she were to remain with the mother
in the hospital. It was thought that the applicant was still
suffering from a mental illness and therefore unable to take care of
the child. The decision by the Deputy Chairman was subsequently
confirmed by the Social District Council and the County Administrative
Court (länsrätten) of Stockholm.
6. On 15 May 1985 the Social District Council applied for the
County Administrative Court's decision to take Maria into care. The
Council alleged that the applicant's mental illness and the conditions
in her home involved a considerable risk for the child's health and
development. On 18 June 1985 the Court granted the Council's
application. However, the judgment did not include any order as to its
immediate enforcement and was therefore not enforceable until it had
acquired legal force. Nevertheless, the child was kept in care.
7. The applicant appealed to the Administrative Court of Appeal
(kammarrätten) of Stockholm which, on 8 October 1985, decided to
revoke the judgment of the County Administrative Court. The Social
District Council then appealed to the Supreme Administrative Court
(regeringsrätten). In the meantime the child was kept in care.
8. On 15 November 1985 the Deputy Chairman of the Social District
Council decided to issue a new provisional care order relating to the
child pursuant to Section 6 of the 1980 Act.
9. On 18 November 1985 the Supreme Court refused to grant leave
to appeal. On 19 November 1985 the Social District Council decided to
terminate the provisional care and, on 20 November 1985, the child was
returned to the applicant.
10. Before the Commission the applicant complained that the
removal of her child, and the manner in which it had been done,
constituted violations of Articles 3, 6, 8, 9, 12 and 13 of the
Convention.
&SPART II&_
SOLUTION REACHED
11. Following its decision on the admissibility of the
application, the Commission placed itself at the disposal of the
parties with a view to securing a friendly settlement in accordance
with Article 28 (b) of the Convention and invited the parties to
submit any proposals they wished to make.
12. In accordance with the usual practice the Secretary, acting on
the Commission's instructions, contacted the parties in order to
explore the possibilities of reaching a friendly settlement. Following
an exchange of letters the Secretary and Mr. Erik Fribergh of the
Commission's Secretariat had separate discussions with the parties in
Stockholm on 25 April 1988. Following these separate discussions and
a further exchange of letters the parties agreed on the terms of a
friendly settlement.
13. By letter of 15 June 1988 the Agent of the Government
confirmed the agreement by submitting the following declaration of
the Government:
"In view of the Commission's decision to declare Application
No. 11704/85 admissible, the Government are prepared to make
the following offer in order to terminate the proceedings
before the Commission:
a. The Government will pay to the applicant the sum of
seventy-five thousand (75 000) Swedish Crowns.
b. The Government will pay the applicant's legal costs
in the proceedings before the Commission in the amount of
forty-five thousand (45 000) Swedish Crowns."
14. In his letter of 28 June 1988 the applicant's representative,
Mr. Lennart Hane, made the following declaration on behalf of the
applicant:
"With reference to Application No. 11704/85 pending before
the European Commission of Human Rights in Strasbourg, and in
view of the offer made by the Swedish Government in their
letter of 15 June 1988, I hereby accept the offer and
declare Application No. 11704/85 to be settled.
This declaration is being made in view of the settlement
within the meaning of Article 28 (b) of the European
Convention on Human Rights which has been reached in
co-operation with the European Commission of Human Rights
in the proceedings concerning this application."
15. The Commission, at its session on 5 July 1988, noted that the
parties had reached an agreement regarding the terms of a settlement.
The Commission further found, having regard to Article 28 (b) of the
Convention, that a friendly settlement had been secured on the basis
of respect for Human Rights as defined in the Convention.
For these reasons, the Commission adopted this report.
Secretary to the Commission President of the Commission
(H.C. KRÜGER) (C.A. NØRGAARD)