Kaydu v. Sweden



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