Expulsion or extradition cases
THE LAW I. REQUEST TO STRIKE OUT THE APPLICATION 26. The applicant complained that her return to Iraq would involve a violation of Article 3 of the Convention. This provision reads as follows: “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.” 27. The respondent Government asserted that the case should be struck out, since the applicant, following the Migration Board ’ s decision of 15 October 2014, no longer faced a risk of being expelled to Iraq. In the alternative, the Government contended that the application should be declared inadmissible as the applicant could no longer claim to be a victim. 28. The applicant submitted that she no longer wished to pursue her application and that she had no objections to the Court striking out the case. She stated that she had obtained what she was seeking when she applied to the Court and that, for her, the matter had finally been resolved. 29. The Court notes that the applicant has been granted a permanent residence permit in Sweden. In these circumstances, the matter has been resolved, within the meaning of Article 37 § 1 (b) of the Convention. Regard is had also to the fact that the applicant does not intend to pursue her application (Article 37 § 1 (a)). Furthermore, in accordance with Article 3 7 § 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. 30. Accordingly, it is appropriate to strike the application out of the list of cases. II. RULE 39 OF THE RULES OF COURT 31. As a consequence of the above, the application of Rule 39 of the Rules of Court is discontinued.
In this case the applicant’s expulsion was suspended on the basis of an interim measure granted by the Court under Rule 39 of its Rules of Court, which indicated to the Swedish Government that the applicant should not be expelled to Iraq whilst the Court was considering her case. In October 2014 the applicant was granted a permanent residence permit in Sweden and, following this decision, the applicant submitted that she no longer wished to pursue her application before the European Court. The Court therefore considered that the matter had been resolved at national level and decided to strike the application out of the Court’s list of cases.