CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 6 avril 1995

.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. 23160/94                       by Ali IMAD ELDIN                       against Greece        The European Commission of Human Rights (First Chamber) sitting in private on 6 April 1995, the following members being present:              Mrs.   J. LIDDY,   Acting President            MM.    C.L. ROZAKIS                  E. BUSUTTIL                  A.S. GÖZÜBÜYÜK                  A. WEITZEL                  M.P. PELLONPÄÄ                  B. MARXER                  B. CONFORTI                  N. BRATZA                  I. BÉKÉS                  E. KONSTANTINOV              Mrs.   M.F. BUQUICCHIO, 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 14 October 1993 by Ali IMAD ELDIN against Greece and registered on 3 January 1994 under file No. 23160/94;        Having regard to the report provided for in Rule 47 of the Rules of Procedure of the Commission;   THE FACTS        The applicant is a Syrian citizen born in 1960. Between May 1991 and September 1994 he served a sentence of five years in the State prison of Patras. His present whereabouts are unknown.        The facts as submitted by the applicant may be summarised as follows.        On 10 July 1993, while he was doing his daily gymnastic exercise, the applicant felt a slight pinch on his spine and fell on the floor. He was transferred to his cell and for twelve days he received no medical treatment or care except for painkillers.        On 22 July 1993 the prison doctor decided to send the applicant to the General Hospital of Patras. It was diagnosed that the applicant suffered from lumbago. The applicant alleges that the doctors who had examined him recommended that he should be transferred to the Hospital of Prisoners of Koridallos (Piraeus). However, he was transferred back to prison where he received only some painkillers.        On 30 July 1993 the applicant addressed an application to the Public Prosecutor seeking for his intervention in order to be transferred to the Hospital of Prisoners.        On 9 August 1993 the Public Prosecutor visited him in prison. The applicant alleges that a prison official gave the Prosecutor the assurance that the applicant would be transferred to the Hospital of Prisoners.        On 12 August 1993 the applicant asked to see the prison official in order to be informed on his transfer to the Hospital. This person told him that there was nothing that he could do for him. Then the applicant alleges that he was send to the office of the prison director, who, in the presence of four guards, threatened to torture him and put him in solitary confinement.        On 9 September 1993 the applicant addressed a second application to the Public Prosecutor.        On 20 September 1993 the Public Prosecutor visited the applicant in prison. The applicant alleges that the Public Prosecutor ordered his transfer to the Hospital of Prisoners but that his order was never executed. However, the Government informed the Commission that the Public Prosecutor had never ordered the applicant's transfer to the Hospital of Prisoners and that the applicant had all necessary medical treatment at the local hospital of Patras.   COMPLAINT        The applicant complains that he has been deprived of the necessary medical treatment and that the state of his health is seriously deteriorating. He invokes Article 3 of the Convention.   PROCEEDINGS BEFORE THE COMMISSION        The application was introduced on 14 October 1993 and registered on 3 January 1994.        On 14 September 1994, pursuant to Rule 47 para. 2 a) of the Rules of Procedure, the Rapporteur requested the respondent Government to provide certain information to the Commission.        On 26 October 1994 the Government submitted the information requested. As the applicant's present address is unknown, the Commission has not been able to request the applicant to comment on the information submitted by the Government.   REASONS FOR THE DECISION        The Commission notes that by letter of 28 October 1994, addressed to the prison of Patras where he was being detained, the applicant was invited to comment on the information supplied by the Government. The letter was returned unopened with the indication that the applicant had been released from prison.        Given the applicant's failure to indicate his new address, the Commission concludes under Article 30 para. 1 a) of the Convention that the applicant no longer intends to pursue his petition. Furthermore, in accordance with Article 30 para. 1 in fine of the Convention, the Commission finds no 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 OUT OF ITS LIST OF CASES.        Secretary                              Acting President to the First Chamber                      of the First Chamber     (M.F. BUQUICCHIO)                             (J. LIDDY)