Application no. 6607/05
by Zlatija MOJSIJEVIC
The European Court of Human Rights (Second Section), sitting on 29 November 2005 as a Chamber composed of:
Mr J.-P. Costa, President,
Mr I. Cabral Barreto,
Mr V. Butkevych,
Mrs A. Mularoni,
Mrs E. Fura-Sandström,
Ms D. Jočienė,
Mr D. Popović, judges,
And Mrs S. Dollé, Section Registrar,
Having regard to the above application lodged on 16 February 2005,
Having regard to the interim measure indicated to the respondent Government under Rule 39 of the Rules of Court,
Having regard to the decision to grant priority to the above application under Rule 41 of the Rules of Court.
Having deliberated, decides as follows:
The applicant, Ms Zlatija Mojsijevic, is a national of Serbia and Montenegro who was born in 1950 and is currently in Sweden. She is represented before the Court by Mr M. Ekelöf, a lawyer practising in Växjö.
The respondent Government are represented by their Agent, Ms A. Linder of the Ministry for Foreign Affairs.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 15 April 2002 the applicant arrived in Sweden and, on the following day, she applied to the Migration Board (Migrationsverket) for asylum and a residence permit. She stated that she was from Kosovo and that her husband and son had both been killed in April or May 1999. During the summer 1999 she had been harassed and attacked by a group of masked men, following which she had moved to her brother’s home in another village. She insisted that she could not return to Kosovo and that she had no relatives or friends elsewhere in Serbia and Montenegro. However, her daughter lived in Sweden with her family. Lastly, she invoked her very poor health.
The Migration Board rejected the application, as did the Aliens Appeals Board (Utlänningsnämnden), despite medical certificates stating that she suffered from severe, chronic, post traumatic stress disorder (PTSD) and severe depression, for which she required and received extensive psychiatric treatment.
On 16 February 2005 the applicant requested the Court to indicate to the Swedish Government, under Rule 39 of the Rules of Court, the need to suspend her deportation to Serbia and Montenegro.
On 28 February 2005 the President of the Section to which the case had been allocated decided to apply Rule 39 and, on the same day, the Migration Board, in response to the Court’s request, stayed the deportation of the applicant until further notice.
On 10 October 2005 the applicant informed the Court that, on 6 October 2005, the Aliens Appeals Board had granted her a permanent residence permit. Thus, she wished to withdraw her application.
The applicant had originally complained under Article 3 of the Convention that her deportation to Serbia and Montenegro would cause irreparable damage to her, and entail a serious risk for her life, due to her very poor mental health.
The applicant originally complained that her deportation to Serbia and Montenegro would be contrary to Article 3 of the Convention. However, she has now been granted a permanent residence permit in Sweden and wishes to withdraw her case.
The Court notes that the applicant no longer risks deportation from Sweden and that she does not intend to pursue her case. In these circumstances, and having regard to Article 37 § 1 (a) and (b) of the Convention, the Court is of the opinion that it is no longer justified to continue the examination of the application. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
S. Dollé J.-P. Costa
MOJSIJEVIC v. SWEDEN DECISION
MOJSIJEVIC v. SWEDEN DECISION