CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 8 septembre 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. 22308/93                        by S.S.                        against Sweden         The European Commission of Human Rights sitting in private on 8 September 1993, the following members being present:              MM.    C.A. NØRGAARD, President                  S. TRECHSEL                  A. WEITZEL                  F. ERMACORA                  E. BUSUTTIL                  G. JÖRUNDSSON                  A.S. GÖZÜBÜYÜK                  J.-C. SOYER                  H.G. SCHERMERS                  H. DANELIUS            Mrs.   G.H. THUNE            MM.    F. MARTINEZ                  C.L. ROZAKIS            Mrs.   J. LIDDY            MM.    L. LOUCAIDES                  J.-C. GEUS                  M.P. PELLONPÄÄ                  B. MARXER                  G.B. REFFI                  M.A. NOWICKI                  I. CABRAL BARRETO                  B. CONFORTI                  N. BRATZA              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 15 July 1993 by S.S. against Sweden and registered on 22 July 1993 under file No. 22308/93;         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 12 August 1993 and the observations in reply submitted by the applicant on 1 September 1993.         Having deliberated;         Decides as follows: THE FACTS         The applicant is a Kurd with Iraqi citizenship and resident in Sweden. He was born in 1959. Before the Commission he is represented by Mr. Lars Sjödin, a lawyer practising in Härnösand.         The facts of the case, as submitted by the parties, may be summarised as follows.         The applicant lived in the Soviet Union from 1978 to 1984 and from 1988 to June 1990, when he was denied a further residence permit despite the fact that he had married a Soviet woman in 1984.         The applicant entered Sweden on 24 August 1990. On 27 August 1990 he requested asylum or, alternatively, a residence permit by reason of his activities in a Kurdish guerilla movement from 1985 to 1988 as an interpreter and agitator. The rest of the family remained in Baku, Azerbaijan, in the then Soviet Union.         On 29 April 1991 the National Immigration Board (statens invandrarverk) rejected the request, considering that, as the applicant's wife and children were still living in the Soviet Union, he would be protected from being returned to Iraq or another country where he would lack such protection.         The applicant appealed, arguing that his marriage under Soviet law was no longer valid and that his wife was about to leave him. Moreover, he had left the Soviet Union as he had not been granted a residence permit to stay there. It was therefore excluded that he would be protected from being expelled from Azerbaijan to Iraq. In any case, he no longer had any connection with that country, as his wife and children were no longer living there, having moved to Iraq due to harassment. This latter information had been corroborated by the United Nations High Commissioner for Refugees.         On 6 April 1993 the National Immigration Board's decision was upheld by the Aliens' Appeals Board (utlänningsnämnden), with the exception that the applicant was to be expelled to Azerbaijan, if unable to show that some other country would receive him. The Aliens' Board considered that, irrespective of his family's whereabouts, the applicant did not risk being expelled from that country to Iraq, as his children were most likely still living in Azerbaijan and he would therefore be granted a residence permit there. Moreover, he did not risk being persecuted in that country.         On 24 May 1993 the police authority of Lund informed the National Immigration Board that it was unable to enforce the applicant's expulsion order in the absence of instructions to this effect. It referred to information according to which the enforcement of expulsions to the now independent republics of the Soviet Union was extremely difficult from a practical point of view.         On 1 June 1993 the Supreme Administrative Court (regeringsrätten) rejected the applicant's request for a re-opening of the case.         On 11 June 1993 a further request for a residence permit was rejected by the National Immigration Board.   COMPLAINTS         The applicant originally complained that, if returned to Azerbaijan, he would be immediately expelled to Iraq, where he would be subjected to treatment contrary to Article 3 of the Convention in view of his Kurdish origin and his activities in the Kurdish guerilla movement. He referred, in particular, to a written statement by the headquarters of the United Nations High Commissioner for Refugees, according to which Azerbaijan could not be considered a safe country and that, in the absence of proper regulations regarding refugees, asylum seekers arriving in that country have no opportunity to request asylum.   PROCEEDINGS BEFORE THE COMMISSION         The application was introduced on 15 July and registered on 22 July 1993. On 22 July 1993 the President decided, pursuant to Rule 36 of the Commission's Rules of Procedure, that it was desirable in the interests of the parties and the proper conduct of the proceedings not to return the applicant to Azerbaijan until the Commission had had an opportunity to examine the application. The President further decided, pursuant to Rule 34 para. 3 and Rule 48 para. 2 (b) of the Rules of Procedure, to bring the application to the notice of the respondent Government and to invite them to submit written observations on its admissibility and merits.         The Government's observations were submitted on 12 August 1993. They informed the Commission that the applicant had been granted a permanent residence permit in Sweden. The applicant responded on 1 September 1993, stating, essentially, that he wished to withdraw the case.         On 8 September 1993 the applicant was granted legal aid.   REASONS FOR THE DECISION         Having regard to Article 30 para. 1 (a) of the Convention, the Commission notes that the applicant does not intend to pursue his petition. It also notes that the applicant has been granted a permanent residence permit in Sweden and that, therefore, there are no special circumstances regarding respect for Human Rights, as defined in the Convention, which require the continuation of the examination of the application.         For these reasons, the Commission unanimously         DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.   Deputy Secretary to the Commission      President of the Commission          (M. de SALVIA)                          (C.A. NØRGAARD)