CEDH · CASELAW;REPORTS;ENG — 10 octobre 1986

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }  INTRODUCTION   1.       This report relates to Application No. 10723/83 lodged against Sweden by Mrs. Ulla Widén on 17 November 1983 under Article 25 (art. 25) of the Convention for the Protection of Human Rights and Fundamental Freedoms.   The application was registered on 20 December 1983.   The applicant was represented by Mr. Lennart Möller, a lawyer practising in Stockholm.   The Government were represented by their Agent, Ambassador Hans Corell, Ministry for Foreign Affairs, and, as Advisers, Mr. Karl-Ingvar Rundqvist, Chief Legal Adviser, Ministry of Health and Social Affairs, Mr. Staffan Duhs, Counsellor, Ministry for Foreign Affairs, Mrs. Gertrud Holmquist, Legal Adviser, Ministry of Health and Social Affairs, Mr. Håkan Berglin, Legal Adviser, Ministry for Foreign Affairs, Mrs. Berit Fischer and Mrs. Kajsa Samuelsson, Social Welfare Officers at the Social Welfare Board of Jönköping.   2.       On 15 May 1985 the European Commission of Human Rights declared the application admissible.*   The Commission then proceeded to carry out its task under Article 28 (art. 28) of the Convention which provides as follows:   --------------- * This decision is public and can be obtained from the Commission's Secretary.   The decision will be published in the Commission's official publication entitled Decisions and Reports. ---------------   "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 10 October 1986 it adopted this Report, which, in accordance with Article 30 (art. 30) of the Convention, is confined to a brief statement of the facts and of the solution reached.   The following members of the Commission were present when the Report was adopted:                         MM. C. A. NØRGAARD                           G. SPERDUTI                           J. A. FROWEIN                           F. ERMACORA                           E. BUSUTTIL                           G. JÖRUNDSSON                           G. TENEKIDES                           S. TRECHSEL                           B. KIERNAN                           A. S. GÖZÜBÜYÜK                           A. WEITZEL                           J. C. SOYER                           H. G. SCHERMERS                           H. DANELIUS                           G. BATLINER                           J. CAMPINOS                           H. VANDENBERGHE                       Mrs G. H. THUNE                       Sir Basil HALL                       Mr. F. MARTINEZ   PART I: Statement of Facts   4.       The applicant, Mrs. Ulla Widén, is a Swedish citizen, born in 1933 and resident at Jönköping.   She has three children: Nils, born in 1964, Harald, born in 1972 and Astrid, born in 1977.   5.      On 28 January 1983 the Western Social District Council (sociala distriktsnämnden väst) of Jönköping applied to the Regional Administrative Court (länsrätten) of Jönköping for a decision that the two youngest children be taken into public care under the 1980 Act with Special Provisions on the Care of Young Persons (lagen med särskilda bestämmelser om vård av unga).   The applicant contested the application of the Council.   By judgment of 9 March 1983 the Regional Administrative Court decided that the two children should be taken into public care.   6.       The applicant appealed against the judgment to the Administrative Court of Appeal (kammarrätten) of Jönköping, which by a judgment of 3 June 1983 rejected the appeal.   7.       The applicant lodged a further appeal with the Supreme Administrative Court (regeringsrätten), which by decision of 22 June 1983 refused to grant leave to appeal.   8.       On 12 July 1983 the taking into public care of the two children was enforced by a representative of the Social Council, a doctor and a policeman at the applicant's home.   The children were placed in a children's home at Borås.   9.       On 12 July 1983 the Social Council decided that the applicant should be refused access to the children for two months since it was feared that she would take the children away from the foster home. This period was subsequently prolonged.   On 17 November 1983 the decision was changed and the applicant was granted visiting rights.   10.      On 26 July 1983 the Social Council decided to place the children in a foster home at Töreboda, which is situated about 120 kilometres from the applicant's home.   The applicant appealed against this decision to the Regional Administrative Court, which by a judgment of 23 September 1983 rejected the appeal.   The applicant lodged a further appeal with the Administrative Court of Appeal, which by judgment of 25 November 1983 rejected the further appeal.   11.      On 20 September 1984 the Social Council dismissed a request from the applicant that the public care of the children should cease. The applicant appealed to the Regional Administrative Court which in a judgment of 15 March 1985 ordered that the public care should be discontinued.   12.      The Social Council appealed against this decision to the Administrative Court of Appeal of Jönköping, which in a judgment of 15 May 1985 rejected the appeal.   13.      The judgment of the Administrative Court of Appeal acquired legal force.   The children returned to the mother on 15 May 1985.   14.      Before the Commission the applicant submitted that the separation of the children from her, followed by more than five months' isolation, violated Articles 3, 9 (art. 3), (art. 9) and 14 (art. 14) of the Convention. She also complained that the purpose of the public care order was to indoctrinate her children and not to allow her to keep them in a Christian private school.   She therefore alleged a breach of Article 2 of Protocol No. 1 (P1-2) to the Convention. Finally, the applicant also complained about the procedure before the Administrative Courts and about the fact that the judgments in the case were not publicly pronounced.   She alleged a violation of Article 6 (art. 6) of the Convention in this respect.   Part II: Solution reached   15.      Following its decision on the admissibility of the application, the Commission placed itself at the disposal of the parties with a view to securing a friendly settlement in accordance with Article 28 (b) (art. 28-b) of the Convention and invited the parties to submit any proposals they wished to make.   In accordance with the usual practice the Secretary, acting on the Commission's instructions, contacted the parties in order to explore the possibilites of reaching a friendly settlement.   Following an exchange of letters the Secretary and Mr. Erik Fribergh of the Commission's Secretariat had separate discussions with the parties in Stockholm on 11 and 12 September 1986.   Following these discussions and after a further exchange of letters the parties agreed on the terms of a friendly settlement.   16.      By letter of 2 October 1986 the Agent of the Government confirmed the agreement by submitting the following declaration of the Government:   "In view of the Commission's decision to declare Application No. 10723/83 admissible, the Government are prepared to make the following offer in order to terminate the proceedings before the Commission:   a.       The Government will pay the sum of one hundred thousand (100 000) Swedish Crowns to each of the applicant's two children, Harald and Astrid.   b.       The Government will pay the applicant's legal costs in the proceedings before the Commission in the amount of one hundred forty thousand (140 000) Swedish Crowns."   17.      In a telex of 7 October 1986 the applicant's representative, Mr. Lennart Möller, made the following declaration on behalf of the applicant:   "With reference to Application No. 10723/83 pending before the European Commission of Human Rights in Strasbourg, and in view of the offer made by the Swedish Government in their letter of 2 October 1986, I hereby accept the offer and declare Application No. 10723/83 to be settled.   This declaration is being made in view of the settlement within the meaning of Article 28 (b) (art. 28-b) of the European Convention on Human Rights which has been reached in co-operation with the European Commission of Human Rights in the proceedings concerning this application."   18.      The Commission, at its session on 10 October 1986, noted that the parties had reached agreement regarding the terms of a settlement. The Commission further found, having regard to Article 28 (b) (art. 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)