CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 10 juillet 1991

.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. 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)