Information Note on the Court’s case-law No.
October 1997
Paez v. Sweden (striking out) - 29482/95
Judgment 30.10.1997
Article 37
Article 37-1
Striking out applications
Decision to expel Peruvian national to Peru, not enforced pending proceedings and subsequently repealed in connection with grant of permanent residence: struck out
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
No friendly settlement or agreed arrangement in present case – however, circumstances disclosed a “fact of a kind to provide a solution of the matter” (Rule 51 § 2) – applicant's initial complaint to Convention institutions had essentially been that he feared expulsion to Peru would expose him to ill-treatment contrary to Article 3 of the Convention – that threat of potential violation had however been removed by virtue of decision of 23 June 1997 granting him permanent residence in Sweden and lifting expulsion order, enforcement of which had been stayed pending proceedings.
In addition, no apparent reason of ordre public for continuing proceedings (Rule 51 § 4).
Conclusion: case ordered to be struck out of the list (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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