CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 7 octobre 1987

.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 }  Application No. 12928/87 by F.R. against Sweden             The European Commission of Human Rights sitting in private on 7 October 1987, the following members being present:                   MM.   C.A. NØRGAARD, President                      S. TRECHSEL                      F. ERMACORA                      M.A. TRIANTAFYLLIDES                      E. BUSUTTIL                      A. WEITZEL                      J.C. SOYER                      H.G. SCHERMERS                      H. DANELIUS                      G. BATLINER                      H. VANDENBERGHE                 Mrs.   G.H. THUNE                 Sir   Basil HALL                 MM.   F. MARTINEZ                      C.L. ROZAKIS                 Mrs.   J. LIDDY                   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 20 May 1987 by F.R. against Sweden and registered on 20 May 1987 under file No. 12928/87;           Having regard to the report provided for in Rule 40 of the Rules of Procedure of the Commission;           Having deliberated;           Decides as follows:   THE FACTS           The facts of the case, as they appear from the applicant's submissions, may be summarised as follows.           The applicant, Mrs.   F.R., is an Iraqi citizen of Kurdish origin.   Before the Commission she is represented by Mr.   Lars F. Carlén, a lawyer practising at Uppsala.           The applicant came to Sweden on   10 May 1987 from Syria together with her husband and three children born in 1978, 1980 and 1986 respectively.           The applicant's request for a permit to stay in Sweden was rejected by the police authority at the Arlanda airport on 14 May 1987 which ordered that the applicant be refused entry into Sweden and be expelled.           On 15 May 1987 the National Board of Immigration (statens invandrarverk) examined the case on the basis of the provisions of Section 37 of the Aliens Act (utlänningslagen).   The Board decided not to review the case but stated that a condition for the enforcement was that the applicant would be sent to Syria.           On the same day, when the applicant learnt that the National Board of Immigration had refused to review the case, she had a shock and was taken into hospital.           At the hospital the responsible doctors found that the applicant's pregnancy (now 36 weeks) was so advanced that contractions had started.   The doctor administered medicine which stopped the contractions.   On 18 May the doctor said that the applicant no longer needed hospital care and she was discharged on the same day.           At once the police authority started to book plane tickets regardless of the risks of such a trip and whether the airplane captain would accept her on board.           In addition, the applicant submits that, when she was fetched by the policemen, they dragged her with her knees on the ground from the car to the police station.           On 18 May 1987 the applicant appealed against the refusal of entry to the National Board of Immigration and she also asked that, pending the examination of the appeal, she should not be expelled.           On the same day the National Immigration Board refused to order a stay of the expulsion.           On 19 May 1987 the applicant submitted a fresh request for a postponement of the expulsion.           On the same day the applicant was again taken into hospital complaining about pain in her stomach and back.   COMPLAINTS           The applicant submitted that she had been subjected to treatment contrary to Article 3 of the Convention.   The debasement and inhumanity consisted of giving medicine to stop the contractions, the apparent purpose being to make expulsion possible three days later, and of the way she was transported.     PROCEEDINGS BEFORE THE COMMISSION           The application was introduced and registered on 20 May 1987.           On the same day, the Government were given notice of the introduction of the application in accordance with Rule 41 of the Commission's Rules of Procedure.           Later the same day, the Government informed the Commission's Secretary that the enforcement of the applicant's expulsion had been stayed by an order of the National Board of Immigration the same morning.           By letter of 25 June 1987 the applicant notified the Commission that she wished to withdraw her application.       REASONS FOR THE DECISION           The Commission notes that the expulsion of the applicant has been suspended and that she now wishes to withdraw her application before the Commission.           The Commission finds no reasons of a general character which would warrant a further examination of the application.           For these reasons, the Commission           DECIDES TO STRIKE THE APPLICATION OF ITS LIST OF CASES.               Secretary to the Commission          President of the Commission                         (H. C. KRÜGER)                       (C. A. NØRGAARD)