CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 10 juillet 1997

.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. 35641/97                       by Veli KAYDU                       against Sweden           The European Commission of Human Rights sitting in private on 10 July 1997, the following members being present:              Mr.    S. TRECHSEL, President            Mrs.   G.H. THUNE            Mrs.   J. LIDDY            MM.    E. BUSUTTIL                  G. JÖRUNDSSON                  A.S. GÖZÜBÜYÜK                  A. WEITZEL                  J.-C. SOYER                  H. DANELIUS                  F. MARTINEZ                  C.L. ROZAKIS                  L. LOUCAIDES                  J.-C. GEUS                  M.P. PELLONPÄÄ                  B. MARXER                  M.A. NOWICKI                  I. CABRAL BARRETO                  B. CONFORTI                  N. BRATZA                  I. BÉKÉS                  J. MUCHA                  D. SVÁBY                  G. RESS                  A. PERENIC                  C. BÎRSAN                  P. LORENZEN                  K. HERNDL                  E. BIELIUNAS                  E.A. ALKEMA                  M. VILA AMIGÓ            Mrs.   M. HION            MM.    R. NICOLINI                  A. ARABADJIEV              Mrs.   M. BUQUICCHIO, Deputy to the 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 October 1996 by Veli Kaydu against Sweden and registered on 17 April 1997 under file No. 35641/97;         Having regard to the reports provided for in Rule 47 of the Rules of Procedure of the Commission;         Having regard to the observations submitted by the respondent Government on 16 June 1997 and the observations in reply submitted by the applicant on 1 July 1997;         Having deliberated;         Decides as follows:THE FACTS         The applicant, a Turkish citizen born in 1969, resides in Skärholmen, Sweden.   Before the Commission he is represented by Mr Michel Barmoro, a lawyer practising in Södertälje.         On 16 September 1992 the applicant arrived in Sweden where he later applied for asylum.   On 19 May 1993 the National Immigration Board (Statens invandrarverk) rejected the application and ordered the applicant's deportation to Turkey.   The applicant appealed and the Aliens Appeals Board (Utlänningsnämnden) referred the case to the Government.   On 22 December the Government rejected the appeal.         On 26 October 1995 the applicant lodged a new application with the Aliens Appeals Board.   By decision of 12 June 1997, the Board granted the applicant a temporary residence permit until 15 December 1997.     COMPLAINTS         The applicant claimed, under Article 3 of the Convention, that he would risk torture or other inhuman treatment upon return to Turkey.     PROCEEDINGS BEFORE THE COMMISSION         The application was introduced on 11 October 1996 and registered on 17 April 1997.         On 17 April 1997 the Commission decided, pursuant to Rule 36 of the Commission's Rules of Procedure, to indicate to the respondent Government that it was desirable in the interest of the parties and the proper conduct of the proceedings not to expel the applicant to Turkey until the Commission had had an opportunity to examine the application. The Commission further decided, pursuant to Rule 48 para. 2 (b), to communicate the application to the Government.         By decision of 29 May 1997, the Commission prolonged the indication under Rule 36 until 11 July 1997.         On 16 June 1997 the Government informed the Commission of the decision of the Aliens Appeals Board to grant the applicant a temporary residence permit.   The Government therefore requested the Commission to strike the application out of its list of cases.         By letter of 1 July 1997, the applicant, referring to the fact that he had been granted a temporary residence permit, expressed the wish to withdraw the present application.     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.   Further, as he has been granted a temporary residence permit, the Commission finds, in accordance with Article 30 para. 1 (b), that the matter has been resolved.   Moreover, as regards the issues raised in the present case, 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 the application by virtue of Article 30 para. 1 in fine.         For these reasons, the Commission, unanimously,         DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.                    M. BUQUICCHIO                         S. TRECHSEL   Deputy to the Secretary                     President      to the Commission                     of the Commission