CEDH · CASELAW;REPORTS;ENG — 5 juillet 1988

.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. 11704/85     Eva KROL   against   SWEDEN               REPORT OF THE COMMISSION   (adopted on 5 July 1988)               TABLE OF CONTENTS                                                                       Page     INTRODUCTION ............................................         1     PART I: STATEMENT OF THE FACTS ..........................         3     PART II: SOLUTION REACHED ...............................         4   &SINTRODUCTION&_       1.       This report relates to Application No. 11704/85 against Sweden by Mrs.   Eva Krol on 13 August 1985 under Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms.   The application was registered on 21 August 1985.           The applicant was represented by Mr.   Lennart Hane, a lawyer practising in Stockholm.           The Government of Sweden were represented by their Agent, Ambassador Hans Corell, Under-Secretary at the Ministry for Foreign Affairs, Stockholm.   2.       On 7 October 1987 the European Commission of Human Rights declared the application 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 5 July 1988 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.           ________________________     *        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.           The following members of the Commission were present when the Report was adopted.                MM.   C. A. NØRGAARD, President                   J. A. FROWEIN                   S. TRECHSEL                   E. BUSUTTIL                   A. S. GÖZÜBÜYÜK                   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   &SPART I&_   STATEMENT OF THE FACTS     4.       The applicant, Mrs.   Eva Krol, is a Polish citizen born in 1950 and resident in Stockholm.   5.       On 18 April 1985 the applicant gave birth to a daughter, Maria.   On 24 April 1985 the Deputy Chairman of the Social District Council No. 5 (sociala distriktsnämnden nr 5) in Stockholm decided pursuant to Section 6 of the 1980 Act with Special Provisions on the Care of Young Persons (lagen med särskilda bestämmelser om vård av unga) to take the child into care immediately (a provisional care order) because it was considered that there was a serious risk to the child's health and development if she were to remain with the mother in the hospital.   It was thought that the applicant was still suffering from a mental illness and therefore unable to take care of the child.   The decision by the Deputy Chairman was subsequently confirmed by the Social District Council and the County Administrative Court (länsrätten) of Stockholm.   6.       On 15 May 1985 the Social District Council applied for the County Administrative Court's decision to take Maria into care.   The Council alleged that the applicant's mental illness and the conditions in her home involved a considerable risk for the child's health and development.   On 18 June 1985 the Court granted the Council's application.   However, the judgment did not include any order as to its immediate enforcement and was therefore not enforceable until it had acquired legal force.   Nevertheless, the child was kept in care.   7.       The applicant appealed to the Administrative Court of Appeal (kammarrätten) of Stockholm which, on 8 October 1985, decided to revoke the judgment of the County Administrative Court.   The Social District Council then appealed to the Supreme Administrative Court (regeringsrätten).   In the meantime the child was kept in care.   8.       On 15 November 1985 the Deputy Chairman of the Social District Council decided to issue a new provisional care order relating to the child pursuant to Section 6 of the 1980 Act.   9.       On 18 November 1985 the Supreme Court refused to grant leave to appeal.   On 19 November 1985 the Social District Council decided to terminate the provisional care and, on 20 November 1985, the child was returned to the applicant.   10.      Before the Commission the applicant complained that the removal of her child, and the manner in which it had been done, constituted violations of Articles 3, 6, 8, 9, 12 and 13 of the Convention.   &SPART II&_   SOLUTION REACHED     11.      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) of the Convention and invited the parties to submit any proposals they wished to make.   12.      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 Secretary and Mr.   Erik Fribergh of the Commission's Secretariat had separate discussions with the parties in Stockholm on 25 April 1988.   Following these separate discussions and a further exchange of letters the parties agreed on the terms of a friendly settlement.   13.      By letter of 15 June 1988 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. 11704/85 admissible, the Government are prepared to make the following offer in order to terminate the proceedings before the Commission:   a.       The Government will pay to the applicant the sum of seventy-five thousand (75 000) Swedish Crowns.   b.       The Government will pay the applicant's legal costs in the proceedings before the Commission in the amount of forty-five thousand (45 000) Swedish Crowns."   14.      In his letter of 28 June 1988 the applicant's representative, Mr.   Lennart Hane, made the following declaration on behalf of the applicant:   "With reference to Application No. 11704/85 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 15 June 1988, I hereby accept the offer and declare Application No. 11704/85 to be settled.   This declaration is being made in view of the settlement within the meaning of Article 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."   15.      The Commission, at its session on 5 July 1988, noted that the parties had reached an agreement regarding the terms of a settlement. The Commission further 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)