Application No. 23322/94
by Karolj PROKEC
against Sweden
The European Commission of Human Rights sitting in private on
7 December 1994, the following members being present:
MM. C.A. NØRGAARD, President
S. TRECHSEL
A. WEITZEL
F. ERMACORA
E. BUSUTTIL
G. JÖRUNDSSON
A.S. GÖZÜBÜYÜK
J.-C. SOYER
H.G. SCHERMERS
H. DANELIUS
MM. F. MARTINEZ
C.L. ROZAKIS
Mrs. J. LIDDY
MM. L. LOUCAIDES
J.-C. GEUS
M.P. PELLONPÄÄ
B. MARXER
G.B. REFFI
M.A. NOWICKI
I. CABRAL BARRETO
B. CONFORTI
N. BRATZA
I. BÉKÉS
J. MUCHA
E. KONSTANTINOV
D. SVÁBY
G. RESS
Mr. H.C. KRÜGER, 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 20 January 1994
by Karolj PROKEC against Sweden and registered on 25 January 1994 under
file No. 23322/94; Having regard to the report provided for in Rule
47 of the Rules of Procedure of the Commission;
Having regard to the written observations submitted by the
parties, their oral submissions during the hearing held on
7 September 1994 as well as the information submitted by the Government
and the applicant on 27 October and 17 November 1994 respectively;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a citizen of former Yugoslavia, born in 1962.
He is of Hungarian origin and has lived most of his life at Subotica,
near the Hungarian border. Currently the applicant resides with
his aunt in Sweden. Before the Commission he is represented by
Mrs. Janet Hagbohm, a lawyer practising at Helsingborg, Sweden.
The applicant came to Sweden on 15 January 1992 and applied for
asylum, a permanent residence permit and a work permit. His application
was, however, rejected by the Swedish authorities.
Before the Commission the applicant complained that a return to
former Yugoslavia would amount to inhuman treatment, in particular due
to his state of health. He furthermore maintained that an expulsion
would amount to an unjustified interference with his right to respect
for his family life due to the fact that nearly all his relatives were
living in Sweden and since he was dependent on their assistance for his
well-being. He invoked Articles 3 and 8 of the Convention.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 20 January 1994 and registered
on 25 January 1994.
On 25 January 1994 the President of 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 return the
applicant to former Yugoslavia until the Commission had had an
opportunity to examine the application.
The President further decided, pursuant to Rule 34 para. 3 and
Rule 48 para. 2 (b), to bring the application to the notice of the
respondent Government and to invite them to submit written observations
on the admissibility and merits.
The Government's observations were submitted on 22 February 1994.
On 10 March 1994 the Commission prolonged the President's
indication under Rule 36 until 15 April 1994.
The applicant's observations in reply to those of the Government
were submitted on 18 March and further observations were submitted by
the Government on 7 April 1994.
On 14 April 1994 the Commission prolonged its indication under
Rule 36 until 20 May 1994.
On 19 May 1994 the Commission decided in accordance with
Rule 50 para. 1 (b) of its Rules of Procedure to obtain the parties'
oral submissions on the admissibility and merits of the case. It was
furthermore decided to prolong the Rule 36 indication until
8 July 1994. This indication was subsequently prolonged until
7 September 1994.
The hearing took place on 7 September 1994 following which the
Commission decided to adjourn the case pending the outcome of the
applicant's new request for a residence permit submitted to the
Swedish authorities. The Rule 36 indication was prolonged until
21 October 1994.
On 20 October 1994 the Commission decided to prolong its
indication under Rule 36 until 9 December 1994.
On 27 October 1994 the Government informed the Commission that
the applicant had been granted a permanent residence permit on
21 October 1994.
On 17 November 1994 the applicant informed the Commission that
he did not intend to pursue his 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. 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 in
accordance with Article 30 para. 1 in fine of the Convention.
For these reasons, the Commission, unanimously,
DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.
Secretary to the Commission President of the Commission
(H.C. KRÜGER) (C.A. NØRGAARD)
Full & Egal Universal Law Academy