Moussaeva and Moussaeva v. Sweden



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)