Application No. 23160/94
by Ali IMAD ELDIN
against Greece
The European Commission of Human Rights (First Chamber) sitting
in private on 6 April 1995, the following members being present:
Mrs. J. LIDDY, Acting President
MM. C.L. ROZAKIS
E. BUSUTTIL
A.S. GÖZÜBÜYÜK
A. WEITZEL
M.P. PELLONPÄÄ
B. MARXER
B. CONFORTI
N. BRATZA
I. BÉKÉS
E. KONSTANTINOV
Mrs. M.F. BUQUICCHIO, 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 14 October 1993
by Ali IMAD ELDIN against Greece and registered on 3 January 1994 under
file No. 23160/94;
Having regard to the report provided for in Rule 47 of the Rules
of Procedure of the Commission;
THE FACTS
The applicant is a Syrian citizen born in 1960. Between May 1991
and September 1994 he served a sentence of five years in the State
prison of Patras. His present whereabouts are unknown.
The facts as submitted by the applicant may be summarised as
follows.
On 10 July 1993, while he was doing his daily gymnastic exercise,
the applicant felt a slight pinch on his spine and fell on the floor.
He was transferred to his cell and for twelve days he received no
medical treatment or care except for painkillers.
On 22 July 1993 the prison doctor decided to send the applicant
to the General Hospital of Patras. It was diagnosed that the applicant
suffered from lumbago. The applicant alleges that the doctors who had
examined him recommended that he should be transferred to the Hospital
of Prisoners of Koridallos (Piraeus). However, he was transferred back
to prison where he received only some painkillers.
On 30 July 1993 the applicant addressed an application to the
Public Prosecutor seeking for his intervention in order to be
transferred to the Hospital of Prisoners.
On 9 August 1993 the Public Prosecutor visited him in prison. The
applicant alleges that a prison official gave the Prosecutor the
assurance that the applicant would be transferred to the Hospital of
Prisoners.
On 12 August 1993 the applicant asked to see the prison official
in order to be informed on his transfer to the Hospital. This person
told him that there was nothing that he could do for him. Then the
applicant alleges that he was send to the office of the prison
director, who, in the presence of four guards, threatened to torture
him and put him in solitary confinement.
On 9 September 1993 the applicant addressed a second application
to the Public Prosecutor.
On 20 September 1993 the Public Prosecutor visited the applicant
in prison. The applicant alleges that the Public Prosecutor ordered his
transfer to the Hospital of Prisoners but that his order was never
executed. However, the Government informed the Commission that the
Public Prosecutor had never ordered the applicant's transfer to the
Hospital of Prisoners and that the applicant had all necessary medical
treatment at the local hospital of Patras.
COMPLAINT
The applicant complains that he has been deprived of the
necessary medical treatment and that the state of his health is
seriously deteriorating. He invokes Article 3 of the Convention.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 14 October 1993 and registered
on 3 January 1994.
On 14 September 1994, pursuant to Rule 47 para. 2 a) of the Rules
of Procedure, the Rapporteur requested the respondent Government to
provide certain information to the Commission.
On 26 October 1994 the Government submitted the information
requested. As the applicant's present address is unknown, the
Commission has not been able to request the applicant to comment on the
information submitted by the Government.
REASONS FOR THE DECISION
The Commission notes that by letter of 28 October 1994, addressed
to the prison of Patras where he was being detained, the applicant was
invited to comment on the information supplied by the Government. The
letter was returned unopened with the indication that the applicant had
been released from prison.
Given the applicant's failure to indicate his new address, the
Commission concludes under Article 30 para. 1 a) of the Convention that
the applicant no longer intends to pursue his petition. Furthermore,
in accordance with Article 30 para. 1 in fine of the Convention, 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.
For these reasons, the Commission, unanimously,
DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.
Secretary Acting President
to the First Chamber of the First Chamber
(M.F. BUQUICCHIO) (J. LIDDY)
Full & Egal Universal Law Academy