CEDH · CASELAW;REPORTS;ENG — 8 mars 1989

.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 }  EUROPEAN COMMISSION OF HUMAN RIGHTS Application Nos. 12867/87 and 14073/88     Owe SKOOGSTRÖM (II and III)   against   SWEDEN   REPORT OF THE COMMISSION   (adopted on 8 March 1989)     TABLE OF CONTENTS                                                                     Page     INTRODUCTION ............................................         1     PART I: STATEMENT OF THE FACTS ..........................         3     PART II: SOLUTION REACHED ...............................         4       &SINTRODUCTION&_       1.       This report relates to Applications Nos. 12867/87 and 14073/88 introduced against Sweden by Mr.   Owe Skoogström under Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms.   Application No. 12867/87 was introduced on 28 January 1987 and registered on 21 April 1987.   Application No. 14073/88 was introduced on 12 May 1987 and registered on 28 July 1988.           The Government of Sweden were represented by their Agent, Mr.   Carl-Henrik Ehrenkrona, Legal Adviser at the Ministry for Foreign Affairs, Stockholm.   2.       On 12 May 1988 and 14 October 1988 respectively the European Commission of Human Rights declared the applications admissible.*   The Commission then proceeded to carry out its task under Article 28 of the Convention which provides as follows:   "In the event of the Commission accepting a petition referred to it:   (a)      it shall, with a view to ascertaining the facts, undertake together with the representatives of the parties an examination of the petition and, if need be, an investigation, for the effective conduct of which the States concerned shall furnish all necessary facilities, after an exchange of views with the Commission;   (b)      it shall place itself at the disposal of the parties concerned with a view to securing a friendly settlement of the matter on the basis of respect for Human Rights as defined in this Convention."   3.       The Commission found that the parties had reached a friendly settlement of the case and on 8 March 1989 it adopted this Report, which, in accordance with Article 30 of the Convention, is confined to a brief statement of the facts and of the solution reached.           ________________________     *        These decisions are public and can be obtained from the         Commission's Secretary.           The following members of the Commission were present when the Report was adopted.                 MM. C. A. NØRGAARD, President                   J. A. FROWEIN                   S. TRECHSEL                   G. SPERDUTI                   E. BUSUTTIL                   G. JÖRUNDSSON                   A. S. GÖZÜBÜYÜK                   A. WEITZEL                   J. C. SOYER                   H. G. SCHERMERS                   G. BATLINER                   H. VANDENBERGHE              Mrs.   G. H. THUNE              Sir   Basil HALL              Mr.   F. MARTINEZ              Mr.   C. L. ROZAKIS              Mrs.   J. LIDDY              Mr.   L. LOUCAIDES   &SPART I&_   STATEMENT OF THE FACTS       4.       The applicant is a Swedish citizen born in 1939 and resident at Östavall.   A.       Application No. 12867/87   5.       On 14 January 1987 a District Prosecutor (distriktsåklagare) at Sundsvall issued an order for the provisional detention of the applicant on suspicion of aggravated fraud and theft.   Between 18.30 and 19.00 the same day the applicant was arrested at Jönköping.   He was taken to the police station where he spent the night in custody.   On the next day the applicant was taken to Sundsvall, 800 kilometres away where he was kept in provisional detention.   6.       The District Court (tingsrätt) of Sundsvall held a hearing on 21 January 1987 at 14.00 hours after which it ordered that the applicant be detained (häktad) on the grounds that he was reasonably suspected of using false documents, falsification of documents, embezzlement and forgery, that it could be expected that he would evade legal proceedings and that there was a risk, if the applicant was released, that he would continue criminal activities.   7.       The applicant appealed unsuccessfully to the Court of Appeal for Southern Norrland (hovrätten för Nedre Norrland) and then to the Supreme Court (högsta domstolen) which on 4 February 1987 refused leave to appeal.   On 26 February 1987 the District Court sentenced the applicant to six months' imprisonment.     B.       Application No. 14073/88   8.       On 16 April 1987 at 06.30 the applicant was arrested pursuant to an order of the public prosecutor at Sundsvall.   9.       The District Court held a hearing on 22 April 1987 and ordered that the applicant be detained on the grounds that he was reasonably suspected of, inter alia, theft in Hongkong and fraud in Italy, that it could be expected that he would evade legal proceedings and that, moreover, there was a risk, if the applicant was released, that he would continue criminal activities.   10.      The applicant appealed unsuccessfully to the Court of Appeal for Southern Norrland and then to the Supreme Court which on 4 May 1987 refused leave to appeal.   On 11 June 1987 the District Court sentenced the applicant to three months' imprisonment, inter alia, for theft and fraud.     C.       Complaint   11.      Before the Commission the applicant complained that, following his arrests on 14 January and 16 April 1987 respectively, he was not brought "promptly" before a judge as required by Article 5 para. 3 of the Convention.     &SPART II&_   SOLUTION REACHED     12.      Following its decisions on the admissibility of the applications, the Commission placed itself at the disposal of the parties with a view to securing a friendly settlement in accordance with Article 28 (b) of the Convention and invited the parties to submit any proposals they wished to make.   13.      In accordance with the usual practice the Secretary, acting on the Commission's instructions, contacted the parties in order to explore the possibilities of reaching a friendly settlement.   Following an exchange of letters the Agent of the Government, by letter of 23 February 1989, submitted on behalf of the parties the following text signed by both parties:     "SETTLEMENT             On 12 May and 14 October 1988 the European Commission of Human Rights decided to declare admissible Application No. 12867/87 and Application No. 14073/88, both lodged by Mr.   Owe Skoogström against Sweden.           The Government and Mr.   Skoogström have now reached the following friendly settlement on the basis of respect for Human Rights as defined in the Convention in order to terminate the proceedings before the Commission.   a.       The Government will pay the sum of ten thousand (10 000) Swedish Crowns to the applicant.   b.       Mr.   Skoogström declares that he has no further claims with respect to the events referred to in the two above applications.           This settlement is dependent upon the formal approval of the Government.   Stockholm, 1 February 1989                Skinnskatteberg, February 1989       Carl-Henrik Ehrenkrona                           Owe Skoogström" Agent of the Swedish Government     14.      The Government approved the settlement on 16 February 1989.   15.      An amendment to the Swedish Code of Judicial Procedure (rättegångsbalken) was enacted on 17 December 1987 (Svensk författningssamling 1987:1211) and entered into force on 12 April 1988.   It follows from the new rules that where a person has been arrested and provisionally detained by order of the public prosecutor, a request for his detention on remand shall be submitted to the court on the same day as the provisional detention was ordered or, at the latest, on the following day.   Where there are special reasons, the request may be postponed up to the third day after the provisional detention order (Chapter 24 Section 12 of the Code).   The Court shall hold a hearing regarding the request for detention on remand on the same day as the request is received or, at the latest, on the following day.   If there are special reasons, the hearing may be postponed, but it must never be held later than 96 hours after the arrest (Chapter 24 Section 13 of the Code).   16.      The Commission, at its session on 8 March 1989, noted that the relevant Swedish law has been amended.   It further noted that the parties had reached an agreement regarding the terms of a settlement.   The Commission found, having regard to Article 28 (b) of the Convention, that a friendly settlement had been secured on the basis of respect for Human Rights as defined in the Convention.           For these reasons, the Commission adopted this Report.       Secretary to the Commission            President of the Commission                  (H.C. KRÜGER)                         (C.A. NØRGAARD)