CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 20 octobre 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. 22080/93                       by Marina and Sabina MOUSSAEVA                       against Sweden           The European Commission of Human Rights (Second Chamber) sitting in private on 20 October 1993, the following members being present:              MM.    S. TRECHSEL, President                  H. DANELIUS                  J.-C. SOYER                  H.G. SCHERMERS                  F. MARTINEZ                  L. LOUCAIDES                  J.-C. GEUS                  M.A. NOWICKI                  I. CABRAL BARRETO              Mr.    K. ROGGE, Secretary to the Chamber         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 June 1993 by Marina and Sabina MOUSSAEVA against Sweden and registered on 15 June 1993 under file No. 22080/93;         Having regard to the observations submitted by the respondent Government on 3 August 1993 and their additional information submitted on 25 August 1993, as well as the information submitted by the applicants on 23 September 1993;         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 first applicant was a citizen of the former Soviet Union. Her present nationality is unclear. She was born in 1966 and resides at present in St. Petersburg. The second applicant is the first applicant's daughter. She was born in 1992 and resides with her mother in St. Petersburg. Before the Commission the applicants are represented by Mrs. Lisbeth Cassemar, a lawyer practising in Solna, Sweden.         On 20 February 1993 the first applicant's husband hijacked an aeroplane in Russia and flew to Sweden together with the applicants. Following an extradition request the first applicant and her husband were extradited, and the second applicant expelled, to Russia on 17 June 1993.         Before the Commission the applicants complained that an extradition or expulsion to Russia would amount to inhuman treatment; as far as the first applicant was concerned, in particular, due to prison conditions in Russia; as far as the second applicant was concerned, due to the conditions prevailing in Russian children's homes where she would eventually be placed. They invoked Article 3 of the Convention.     PROCEEDINGS BEFORE THE COMMISSION         The application was introduced and registered on 15 June 1993.         On 16 June 1993 the Acting President of the Commission decided to bring the application to the notice of the respondent Government, inviting them to submit written observations on the admissibility and merits of the case in so far as it concerned the second applicant.         The Government's observations, in which they maintained that the complaints were manifestly ill-founded and therefore inadmissible, were submitted on 3 August 1993. Additional information was submitted by the Government on 25 August 1993.         By letter of 23 September 1993 the applicants informed the Commission that they did not intend to pursue their petition due to the subsequent developments in the case.     REASONS FOR THE DECISION         Having regard to Article 30 para. 1 (a) of the Convention, the Commission notes that the applicants do not intend to pursue their petition. Furthermore the Commission finds 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.     Secretary to the Second Chamber       President of the Second Chamber           (K. ROGGE)                            (S. TRECHSEL)