Application No. 18099/91
by T., S., Th. & M.
against Austria
The European Commission of Human Rights sitting in private
on 10 July 1991, the following members being present:
MM. C.A. NØRGAARD, President
J.A. FROWEIN
S. TRECHSEL
F. ERMACORA
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. L. LOUCAIDES
J.-C. GEUS
M.P. PELLONPÄÄ
B. MARXER
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 11 April 1991
by T., S., Th. and M. against Austria and registered on 19 April 1991
under file No. 18099/91;
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 facts as submitted by the applicants may be summarised as
follows.
The applicants are four Sri-Lankan citizens of Tamil origin,
who were born in 1969, 1972, 1965 and 1949 respectively. They arrived
at Vienna Airport in March 1991 where they had to remain in the transit
room for several weeks as they were not allowed to leave it. They are
represented before the Commission by Mr. Wolfgang Rainer, a lawyer
practising in Vienna.
The applicants left their country in March 1991 allegedly as
they feared that they would be killed by the Sri-Lankan army.
Eventually they arrived in Athens where they had to remain in the
transit room of Athens Airport. They were prevented from applying for
asylum.
After their arrival in Vienna the applicants filed requests
for asylum with the Security Directorate (Sicherheitsdirektion) of
Lower Austria on 25 March 1991. The proceedings are still pending.
According to Section 5 para. 1 of the Austrian Asylum Act
(Asylgesetz) a person requesting asylum has the right to stay in the
country until the final decision in the asylum proceedings has been
given, provided the request is filed within two weeks after arrival in
Austria.
However, on 5 April 1991 the Schwechat Federal Police
Directorate (Bundespolizeidirektion) served identical decisions on
each applicant, according to which they had no right to stay in
Austria as, in the view of the authority, they had already fled to
another country where they could have asked for asylum.
The decisions also stated that any further measures concerning
the applications would be taken in pursuance of the Aliens Act
(Fremdenpolizeigesetz). According to Section 5 para. 1 of that Act
an alien may be detained pending deportation, in preparation of a
formal prohibition to reside and of an expulsion, in order to secure
the deportation of the person concerned. The applicants appealed
against the decisions.
On 8 or 9 April 1991 the applicants were deported to Greece.
COMPLAINTS
The applicants complain under Article 3 of the Convention that
they would be subjected to inhuman or degrading treatment if they were
to be returned to Sri Lanka.
They fear that, after their deportation to Greece, they would
be deported to Sri Lanka. They deny that they could have requested
asylum in Athens where they landed before arriving in Vienna.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 11 April 1991 and registered
on 19 April 1991.
By letter of 11 June 1991 the applicants' lawyer informed the
Commission that it is unknown in what country the applicants sojourn
or whether they were allowed to stay in Greece.
Reasons for the decision
The Commission notes that the present whereabouts of the
applicants are unknown. Therefore the Commission considers that it is
no longer justified to continue the examination of the petition,
within the meaning of Article 30, para. 1 (c) of the Convention.
Moreover, the Commission finds no reasons of a general character
affecting respect for Human Rights, as defined in the Convention,
which require the further examination of this aspect of the case by
virtue of 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)
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