SAMIM v. NORWAY



                      Application No. 16022/90

                      by Samim and Others

                      against Norway

        The European Commission of Human Rights sitting in private

on 10 December 1990, the following members being present:

              MM. C.A. NØRGAARD, President

                  S. TRECHSEL

                  F. ERMACORA

                  G. SPERDUTI

                  E. BUSUTTIL

                  G. JÖRUNDSSON

                  A.S. GÖZÜBÜYÜK

                  A. WEITZEL

                  J.-C. SOYER

                  H.G. SCHERMERS

                  H. DANELIUS

             Mrs.  G. H. THUNE

             Sir  Basil HALL

             MM.  F. MARTINEZ RUIZ

                  C.L. ROZAKIS

             Mrs.  J. LIDDY

             MM.  L. LOUCAIDES

                  A.V. ALMEIDA RIBEIRO

                  M.P. PELLONPÄÄ

             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 13 December 1989

by Seyed Jaqoub Shah SAMIM and Others against Norway and registered

on 22 January 1990 under file No. 16022/90;

        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 applicants are a family of seven, all of Afghan nationality.

They are:

1.      Seyed Jaqoub Shah Samim, born in 1937, and his wife,

2.      Janara Shah Samim, and their children,

3.      Shahnaz Shah Samim, born in 1965,

4.      Seyed Jousef Shah Samim, born in 1967,

5.      Farzana Shah Samim, born in 1970,

6.      Seyed Ebrahim Shah Samim, born in 1972, and

7.      Hasina Shah Samim, born in 1973.

        Before the Commission they are represented by

Mr.  Terje Einarsen, Bergen, Norway.

        The applicants complain of the Norwegian authorities'

intention to expel them to Pakistan.  They claim that such an

expulsion would amount to inhuman treatment and deprive them of the

right to liberty and security of person.  They invoke Articles 3, 5, 8

and 13 of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

        The application was introduced on 13 December 1989 and

registered on 22 January 1990.

        On 10 February 1990 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.  The Commission also decided to apply Rule 36 of its Rules of

Procedure, having found that it was desirable not to deport the

applicants to Pakistan until it had had an opportunity to examine the

application further.

        The Government's observations, in which they maintained that

the applicants' complaints were manifestly ill-founded and therefore

inadmissible, were submitted on 8 March 1990.  The applicants'

observations in reply, in which they maintained that their complaints

were well-founded and therefore admissible, were submitted on 25 March

1990.

        Free legal aid was granted to the applicants by the Commission

on 13 July 1990.

        By letter of 28 November 1990 the applicants informed the

Commission that they had been granted a visa for Austria.  The visa

would expire on 21 February 1991.  The Austrian embassy in Oslo had

informed them that they could go to Austria and apply for asylum

whenever they liked before 21 February 1991, and that the Austrian

Ministry of the Interior was informed of their case.  The applicants

furthermore submitted that they were prepared to take advantage of the

offer made by the Austrian authorities.

        Nevertheless the applicants have requested the Commission to

decide whether it would be contrary to the Convention to deport them

to Pakistan since such a decision, if in their favour, might make the

Norwegian authorities change their mind, and allow them to stay in

Norway where they prefer to live.

REASONS FOR THE DECISION

        Having regard to Article 30 para. 1 (c) of the Convention, the

Commission notes that the applicants no longer run the risk of being

deported to Pakistan as they may go to Austria whenever they like

before 21 February 1991 and apply for asylum there.  In these

circumstances the Commission finds that a continued examination of the

petition is no longer justified.   Furthermore, it 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 Commission                President of the Commission

     (H. C. KRÜGER)                            (C. A. NØRGAARD)

 

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