CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 10 décembre 1990

.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. 16022/90                       by Samim and Others                       against Norway             The European Commission of Human Rights sitting in private on 10 December 1990, the following members being present:                 MM. C.A. NØRGAARD, President                   S. TRECHSEL                   F. ERMACORA                   G. SPERDUTI                   E. BUSUTTIL                   G. JÖRUNDSSON                   A.S. GÖZÜBÜYÜK                   A. WEITZEL                   J.-C. SOYER                   H.G. SCHERMERS                   H. DANELIUS              Mrs.   G. H. THUNE              Sir   Basil HALL              MM.   F. MARTINEZ RUIZ                   C.L. ROZAKIS              Mrs.   J. LIDDY              MM.   L. LOUCAIDES                   A.V. ALMEIDA RIBEIRO                   M.P. PELLONPÄÄ                Mr.   H.C. KRÜGER, 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 13 December 1989 by Seyed Jaqoub Shah SAMIM and Others against Norway and registered on 22 January 1990 under file No. 16022/90;           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 applicants are a family of seven, all of Afghan nationality. They are:   1.       Seyed Jaqoub Shah Samim, born in 1937, and his wife, 2.       Janara Shah Samim, and their children, 3.       Shahnaz Shah Samim, born in 1965, 4.       Seyed Jousef Shah Samim, born in 1967, 5.       Farzana Shah Samim, born in 1970, 6.       Seyed Ebrahim Shah Samim, born in 1972, and 7.       Hasina Shah Samim, born in 1973.           Before the Commission they are represented by Mr.   Terje Einarsen, Bergen, Norway.           The applicants complain of the Norwegian authorities' intention to expel them to Pakistan.   They claim that such an expulsion would amount to inhuman treatment and deprive them of the right to liberty and security of person.   They invoke Articles 3, 5, 8 and 13 of the Convention.   PROCEEDINGS BEFORE THE COMMISSION           The application was introduced on 13 December 1989 and registered on 22 January 1990.           On 10 February 1990 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.   The Commission also decided to apply Rule 36 of its Rules of Procedure, having found that it was desirable not to deport the applicants to Pakistan until it had had an opportunity to examine the application further.           The Government's observations, in which they maintained that the applicants' complaints were manifestly ill-founded and therefore inadmissible, were submitted on 8 March 1990.   The applicants' observations in reply, in which they maintained that their complaints were well-founded and therefore admissible, were submitted on 25 March 1990.           Free legal aid was granted to the applicants by the Commission on 13 July 1990.           By letter of 28 November 1990 the applicants informed the Commission that they had been granted a visa for Austria.   The visa would expire on 21 February 1991.   The Austrian embassy in Oslo had informed them that they could go to Austria and apply for asylum whenever they liked before 21 February 1991, and that the Austrian Ministry of the Interior was informed of their case.   The applicants furthermore submitted that they were prepared to take advantage of the offer made by the Austrian authorities.           Nevertheless the applicants have requested the Commission to decide whether it would be contrary to the Convention to deport them to Pakistan since such a decision, if in their favour, might make the Norwegian authorities change their mind, and allow them to stay in Norway where they prefer to live.   REASONS FOR THE DECISION           Having regard to Article 30 para. 1 (c) of the Convention, the Commission notes that the applicants no longer run the risk of being deported to Pakistan as they may go to Austria whenever they like before 21 February 1991 and apply for asylum there.   In these circumstances the Commission finds that a continued examination of the petition is no longer justified.    Furthermore, it 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 Commission                 President of the Commission          (H. C. KRÜGER)                             (C. A. NØRGAARD)