5.5 The author further claims that the residence
restriction imposed upon him amounted to inhuman
treatment prohibited by article 7 of the Covenant. He
supports this claim by referring to the opinion of
Mr. Pär Borgå, a Swedish doctor working for the
Centre for Tortured Refugees, where the author
received treatment. In this connection, the author
refers to alleged harassment by the police.
to the Committee's decision in communication
No. 58/1979,3 where the Committee considered that
the interpretation of domestic law was essentially a
matter for the courts and authorities of the State party
concerned. The State party contends that in the
present case, compelling reasons of national security
required that exceptions be made with regard to the
right to review of the decision. According to the State
party, the communication is therefore unsubstantiated
with respect to article 13 and should be declared
inadmissible under article 2 of the Optional Protocol.
The Committee's decision on admissibility
6.1 During its forty-seventh session, the
Committee considered the admissibility of the
communication. It observed that the same matter was
not being or had not been examined under another
procedure of international investigation or
settlement. The Committee considered that the
author had not substantiated, for purposes of
admissibility, his claim under articles 7 and 17 of the
Covenant, and that his claims under articles 9 and 13
of the Covenant were incompatible with these
provisions.
4.9 The State party forwards a copy of the text of
the decision of the European Commission of Human
Rights in a similar case,4 which was declared
inadmissible as manifestly ill-founded and
incompatible ratione materiae.
5.1 In his comments on the State party's
submission, the author reiterates that he was never
accused of having committed any crime and that the
State party's decision to declare him a potential
terrorist was solely based upon information from the
SAPO.
6.2 On 19 March 1993, the Committee declared
the communication admissible in so far as it might
raise issues under article 12 of the Covenant.
5.2 As regards the revoking of the expulsion
order and the abolition of the restrictions, the author
points out that the State party has not yet recognized
that he was no potential terrorist. In this context, he
states that the SAPO has provided information about
him to Interpol. He claims that this means, in
practice, that he can never leave Sweden without
fearing for his safety.
The State party's submission on the merits and the
author's comments thereon
7.1 The State party, by submission of
9 November 1993, argues that Mr. Celepli was not
lawfully within the territory of Sweden after an
expulsion order had been issued against him on
10 December 1984. The State party submits that
whether a person is lawfully within the territory of
the State or not is determined according to national
law. It explains that the expulsion order could not be
enforced for humanitarian reasons, but that in
principle the decision was taken that the author
should not be allowed to stay in Sweden. The State
party refers to its submission on admissibility and
reiterates that the author's stay in Sweden after
10 December 1984 was only lawful under the
condition that it did not extend beyond the borders of
first the Haninge community and, later, the borders
of the county of Stockholm.
5.3 With regard to the State party's arguments that
the restrictions on his freedom of movement cannot
be considered to be so severe as to constitute a
deprivation of liberty, the author argues that a
residence restriction can be considered a deprivation
of liberty when it is of considerable duration or when
it has serious consequences. He claims that his
condition, being under residence restriction for
nearly seven years and having to report to the police
three times a week for five years, was so severe as to
amount to a deprivation of liberty, within the
meaning of article 9 of the Covenant.
5.4 The author further submits that although he
has not been charged with any criminal offence, the
effects of the treatment he was subjected to were
such as to make him a criminal in the eyes of the
public and amounted to harsh punishment for an
offence with which he has not been charged and
against which he has not been able to defend
himself.
7.2 The State party further submits that, if the
author would have left Sweden at any time after
10 December 1984, he would not have been allowed
to return. The State party argues that the issuing of
the expulsion order made the author's stay unlawful,
even though the order was not enforced. In this
connection, the State party argues that if the order
had been enforced, the author would have been
outside the country, as a consequence of which no
issue under article 12 could arise.
3
Ibid., Thirty-sixth Session, Supplement No. 40
(A/36/40), annex XVIII, Anna Maroufidou v. Sweden,
Views adopted on 9 April 1981.
4
Application No. 13344/87, Ulusoy
declared inadmissible on 3 July 1989.
v.
7.3 As regards the second issue identified by the
Committee of whether a person's freedom of
Sweden,
85
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents