Application No. 22080/93
by Marina and Sabina MOUSSAEVA
against Sweden
The European Commission of Human Rights (Second Chamber) sitting
in private on 20 October 1993, the following members being present:
MM. S. TRECHSEL, President
H. DANELIUS
J.-C. SOYER
H.G. SCHERMERS
F. MARTINEZ
L. LOUCAIDES
J.-C. GEUS
M.A. NOWICKI
I. CABRAL BARRETO
Mr. K. ROGGE, 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 15 June 1993 by
Marina and Sabina MOUSSAEVA against Sweden and registered on 15 June
1993 under file No. 22080/93;
Having regard to the observations submitted by the respondent
Government on 3 August 1993 and their additional information submitted
on 25 August 1993, as well as the information submitted by the
applicants on 23 September 1993;
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 first applicant was a citizen of the former Soviet Union. Her
present nationality is unclear. She was born in 1966 and resides at
present in St. Petersburg. The second applicant is the first
applicant's daughter. She was born in 1992 and resides with her mother
in St. Petersburg. Before the Commission the applicants are represented
by Mrs. Lisbeth Cassemar, a lawyer practising in Solna, Sweden.
On 20 February 1993 the first applicant's husband hijacked an
aeroplane in Russia and flew to Sweden together with the applicants.
Following an extradition request the first applicant and her husband
were extradited, and the second applicant expelled, to Russia on
17 June 1993.
Before the Commission the applicants complained that an
extradition or expulsion to Russia would amount to inhuman treatment;
as far as the first applicant was concerned, in particular, due to
prison conditions in Russia; as far as the second applicant was
concerned, due to the conditions prevailing in Russian children's homes
where she would eventually be placed. They invoked Article 3 of the
Convention.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced and registered on 15 June 1993.
On 16 June 1993 the Acting President of the Commission decided
to bring the application to the notice of the respondent Government,
inviting them to submit written observations on the admissibility and
merits of the case in so far as it concerned the second applicant.
The Government's observations, in which they maintained that the
complaints were manifestly ill-founded and therefore inadmissible, were
submitted on 3 August 1993. Additional information was submitted by the
Government on 25 August 1993.
By letter of 23 September 1993 the applicants informed the
Commission that they did not intend to pursue their petition due to the
subsequent developments in the case.
REASONS FOR THE DECISION
Having regard to Article 30 para. 1 (a) of the Convention, the
Commission notes that the applicants do not intend to pursue their
petition. Furthermore the Commission finds no special 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 OFF ITS LIST OF CASES.
Secretary to the Second Chamber President of the Second Chamber
(K. ROGGE) (S. TRECHSEL)
Full & Egal Universal Law Academy