Application No. 20191/92
by Yousef SAADÉ
against Sweden
The European Commission of Human Rights sitting in private on
9 February 1993, the following members being present:
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
Mrs. G. H. THUNE
Sir Basil HALL
MM. F. MARTINEZ
C.L. ROZAKIS
Mrs. J. LIDDY
MM. J.-C. GEUS
M.P. PELLONPÄÄ
B. MARXER
G.B. REFFI
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 12 September 1991
by Yousef Saadé against Sweden and registered on 19 June 1992 under
file No. 20191/92;
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 applicant is a Lebanese citizen born in 1964. He is a
Christian originating from the Eastern part of Lebanon. Initially he
was represented before the Commission by Mr. Gunnar Wikberg, a lawyer
practising in Kumla. Subsequently, Mr. Wikberg has informed the
Commission that he no longer represents the applicant (see below).
The applicant came to Sweden on 20 July 1987 and received a
residence permit in February 1988. In 1990 he was convicted of serious
narcotic offences and sentenced to 4 years and 6 months imprisonment.
The judgment also ordered his expulsion to Lebanon once the prison
sentence had been served. His expulsion was enforced shortly after his
conditional release on 11 July 1992.
COMPLAINTS
In his application to the Commission the applicant does not
invoke any Article of the Convention. However, he maintains that he
will be killed or subjected to inhuman treatment if expelled to
Lebanon.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 12 September 1991 and
registered on 19 June 1992. On 9 July 1992 the Commission rejected a
request from the applicant under Rule 36 of the Commission's Rules of
Procedure for interim assistance in order to prevent his expulsion to
Lebanon.
On 23 October 1992 the applicant's counsel stated, in response
to a request from the Commission for information as to whether or not
the applicant wished to maintain his application, that he did not know
the applicant's position and that he was no longer empowered to act on
the applicant's behalf. The applicant has not himself contacted the
Commission since his expulsion.
REASONS FOR THE DECISION
The Commission notes that the applicant has not instructed any
known person in Sweden or elsewhere to continue the proceedings brought
before the Commission. He has not himself manifested any interest in
doing so. In these circumstances the Commission concludes, pursuant to
Article 30 para. 1 (a), that the applicant does not wish to pursue his
petition. It finds no special circumstances regarding respect for human
rights as defined in the Convention which require, in accordance with
Article 30 para. 1 in fine, that the examination of the application be
continued.
For these reasons, the Commission, by a majority,
DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.
Secretary to the Commission President of the Commission
(H.C. KRÜGER) (C.A. NØRGAARD)
Full & Egal Universal Law Academy