EUROPEAN COMMISSION OF HUMAN RIGHTS
Application Nos. 12867/87 and 14073/88
Owe SKOOGSTRÖM (II and III)
against
SWEDEN
REPORT OF THE COMMISSION
(adopted on 8 March 1989)
TABLE OF CONTENTS
Page
INTRODUCTION ............................................ 1
PART I: STATEMENT OF THE FACTS .......................... 3
PART II: SOLUTION REACHED ............................... 4
&SINTRODUCTION&_
1. This report relates to Applications Nos. 12867/87 and 14073/88
introduced against Sweden by Mr. Owe Skoogström under Article 25 of
the Convention for the Protection of Human Rights and Fundamental
Freedoms. Application No. 12867/87 was introduced on 28 January 1987
and registered on 21 April 1987. Application No. 14073/88 was
introduced on 12 May 1987 and registered on 28 July 1988.
The Government of Sweden were represented by their Agent,
Mr. Carl-Henrik Ehrenkrona, Legal Adviser at the Ministry for Foreign
Affairs, Stockholm.
2. On 12 May 1988 and 14 October 1988 respectively the European
Commission of Human Rights declared the applications admissible.* The
Commission then proceeded to carry out its task under Article 28 of
the Convention which provides as follows:
"In the event of the Commission accepting a petition
referred to it:
(a) it shall, with a view to ascertaining the facts,
undertake together with the representatives of the parties
an examination of the petition and, if need be, an
investigation, for the effective conduct of which the
States concerned shall furnish all necessary facilities,
after an exchange of views with the Commission;
(b) it shall place itself at the disposal of the parties
concerned with a view to securing a friendly settlement
of the matter on the basis of respect for Human Rights as
defined in this Convention."
3. The Commission found that the parties had reached a friendly
settlement of the case and on 8 March 1989 it adopted this Report,
which, in accordance with Article 30 of the Convention, is confined
to a brief statement of the facts and of the solution reached.
________________________
* These decisions are public and can be obtained from the
Commission's Secretary.
The following members of the Commission were present when the
Report was adopted.
MM. C. A. NØRGAARD, President
J. A. FROWEIN
S. TRECHSEL
G. SPERDUTI
E. BUSUTTIL
G. JÖRUNDSSON
A. S. GÖZÜBÜYÜK
A. WEITZEL
J. C. SOYER
H. G. SCHERMERS
G. BATLINER
H. VANDENBERGHE
Mrs. G. H. THUNE
Sir Basil HALL
Mr. F. MARTINEZ
Mr. C. L. ROZAKIS
Mrs. J. LIDDY
Mr. L. LOUCAIDES
&SPART I&_
STATEMENT OF THE FACTS
4. The applicant is a Swedish citizen born in 1939 and resident
at Östavall.
A. Application No. 12867/87
5. On 14 January 1987 a District Prosecutor (distriktsåklagare)
at Sundsvall issued an order for the provisional detention of the
applicant on suspicion of aggravated fraud and theft. Between 18.30
and 19.00 the same day the applicant was arrested at Jönköping. He was
taken to the police station where he spent the night in custody. On
the next day the applicant was taken to Sundsvall, 800 kilometres away
where he was kept in provisional detention.
6. The District Court (tingsrätt) of Sundsvall held a hearing on
21 January 1987 at 14.00 hours after which it ordered that the
applicant be detained (häktad) on the grounds that he was reasonably
suspected of using false documents, falsification of documents,
embezzlement and forgery, that it could be expected that he would
evade legal proceedings and that there was a risk, if the applicant
was released, that he would continue criminal activities.
7. The applicant appealed unsuccessfully to the Court of Appeal
for Southern Norrland (hovrätten för Nedre Norrland) and then to the
Supreme Court (högsta domstolen) which on 4 February 1987 refused
leave to appeal. On 26 February 1987 the District Court sentenced the
applicant to six months' imprisonment.
B. Application No. 14073/88
8. On 16 April 1987 at 06.30 the applicant was arrested pursuant
to an order of the public prosecutor at Sundsvall.
9. The District Court held a hearing on 22 April 1987 and ordered
that the applicant be detained on the grounds that he was reasonably
suspected of, inter alia, theft in Hongkong and fraud in Italy,
that it could be expected that he would evade legal proceedings and
that, moreover, there was a risk, if the applicant was released, that
he would continue criminal activities.
10. The applicant appealed unsuccessfully to the Court of Appeal
for Southern Norrland and then to the Supreme Court which on
4 May 1987 refused leave to appeal. On 11 June 1987 the District Court
sentenced the applicant to three months' imprisonment, inter alia, for
theft and fraud.
C. Complaint
11. Before the Commission the applicant complained that, following
his arrests on 14 January and 16 April 1987 respectively, he was not
brought "promptly" before a judge as required by Article 5 para. 3 of
the Convention.
&SPART II&_
SOLUTION REACHED
12. Following its decisions on the admissibility of the
applications, the Commission placed itself at the disposal of the
parties with a view to securing a friendly settlement in accordance
with Article 28 (b) of the Convention and invited the parties to
submit any proposals they wished to make.
13. In accordance with the usual practice the Secretary, acting on
the Commission's instructions, contacted the parties in order to
explore the possibilities of reaching a friendly settlement. Following
an exchange of letters the Agent of the Government, by letter of
23 February 1989, submitted on behalf of the parties the following
text signed by both parties:
"SETTLEMENT
On 12 May and 14 October 1988 the European Commission of Human
Rights decided to declare admissible Application No. 12867/87 and
Application No. 14073/88, both lodged by Mr. Owe Skoogström against
Sweden.
The Government and Mr. Skoogström have now reached the
following friendly settlement on the basis of respect for Human Rights
as defined in the Convention in order to terminate the proceedings
before the Commission.
a. The Government will pay the sum of ten thousand (10 000)
Swedish Crowns to the applicant.
b. Mr. Skoogström declares that he has no further claims with
respect to the events referred to in the two above applications.
This settlement is dependent upon the formal approval of the
Government.
Stockholm, 1 February 1989 Skinnskatteberg, February 1989
Carl-Henrik Ehrenkrona Owe Skoogström"
Agent of the Swedish Government
14. The Government approved the settlement on 16 February 1989.
15. An amendment to the Swedish Code of Judicial Procedure
(rättegångsbalken) was enacted on 17 December 1987 (Svensk
författningssamling 1987:1211) and entered into force on 12 April
1988. It follows from the new rules that where a person has been
arrested and provisionally detained by order of the public prosecutor,
a request for his detention on remand shall be submitted to the court
on the same day as the provisional detention was ordered or, at the
latest, on the following day. Where there are special reasons, the
request may be postponed up to the third day after the provisional
detention order (Chapter 24 Section 12 of the Code). The Court shall
hold a hearing regarding the request for detention on remand on the
same day as the request is received or, at the latest, on the
following day. If there are special reasons, the hearing may be
postponed, but it must never be held later than 96 hours after the
arrest (Chapter 24 Section 13 of the Code).
16. The Commission, at its session on 8 March 1989, noted that the
relevant Swedish law has been amended. It further noted that the parties
had reached an agreement regarding the terms of a settlement. The
Commission found, having regard to Article 28 (b) of the Convention,
that a friendly settlement had been secured on the basis of respect
for Human Rights as defined in the Convention.
For these reasons, the Commission adopted this Report.
Secretary to the Commission President of the Commission
(H.C. KRÜGER) (C.A. NØRGAARD)