CEDH · CASELAW;DECISIONS;ADMISSIBILITY;ENG — 14 mai 1993

.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. 19374/92                       by I.S.                       against Sweden         The European Commission of Human Rights sitting in private on 14 May 1993, the following members being present:              MM.    C.A. NØRGAARD, President                  J.A. FROWEIN                  S. TRECHSEL                  G. SPERDUTI                  E. BUSUTTIL                  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.    J.-C. GEUS                  M.P. PELLONPÄÄ                  B. MARXER                  G.B. REFFI                  M.A. NOWICKI                  I. CABRAL BARRETO              Mr.    M. de SALVIA, Deputy 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 December 1991 by I.S. against Sweden and registered on 20 January 1992 under file No. 19374/92;         Having regard to the report provided for in Rule 47 of the Rules of Procedure of the Commission;         Having regard to the observations submitted by the respondent Government on 24 June 1992 and the letter postmarked 16 April 1993 from the applicant's representative;         Having deliberated;         Decides as follows: THE FACTS         At the time of the events described below, the applicant, a man born in 1956, was a citizen of the Soviet Union. Before the Commission he is represented by Mr Hans Bredberg, a lawyer practising in Stockholm. The applicant fled from the Soviet Union to Sweden in August 1991 in order to escape alleged anti-Jewish harassments. His application for political asylum was rejected by the Swedish Government on 19 December 1991. The Government also ordered his expulsion from Sweden. Under the provision of the 1989 Aliens Act (utlänningslagen) he should normally have been sent back to the country from which he came to Sweden. However, the applicant voluntarily left Sweden for Poland before his expulsion was enforced.         The applicant has complained that his expulsion would violate Article 3 of the Convention. He has also alleged that the absence of any remedy against the Government's expulsion decision violated Article 13 of the Convention and Article 1 of Protocol No. 7 to the Convention.     PROCEEDINGS BEFORE THE COMMISSION         The application was introduced on 20 December 1991 and registered on 20 January 1992.         On 17 January 1992 the Commission decided to communicate the application to the respondent Government and invite them to submit written observations on the admissibility and merits of the complaint under Article 3 of the Convention.         The Government's observations were submitted on 24 January 1992.         By letter postmarked 16 April 1993 the applicant's representative informed the Commission that the applicant wishes to withdraw the application as the applicant has voluntarily left Sweden to go to Poland where he has applied for a permit to immigrate to Israel.     REASONS FOR THE DECISION         The Commission notes that the applicant has voluntarily left Sweden and is at present staying in Poland where he has applied for a permit to immigrate to Israel and that he wishes to withdraw his application. The Commission concludes that the applicant does not intend to pursue his petition within the meaning of Article 30 para. 1 (a) of the Convention. It finds no special circumstances regarding respect for human rights as defined in the Convention which would require it to continue the examination of the application pursuant to Article 30 para. 1 in fine of the Convention.         For these reasons, the Commission unanimously         DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.   Deputy Secretary to the Commission      President of the Commission           (M. de SALVIA)                         (C.A. NØRGAARD)