D.M. v. SWITZERLAND
AS TO THE ADMISSIBILITY OF
Application No. 37750/97
by D. M.
against Switzerland
The European Commission of Human Rights sitting in private on
18 September 1997, the following members being present:
Mrs. G.H. THUNE, Acting President
Mr. S. TRECHSEL
Mrs. J. LIDDY
MM. E. BUSUTTIL
G. JÖRUNDSSON
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.-C. SOYER
H. DANELIUS
F. MARTINEZ
C.L. ROZAKIS
L. LOUCAIDES
J.-C. GEUS
M.P. PELLONPÄÄ
M.A. NOWICKI
I. CABRAL BARRETO
B. CONFORTI
N. BRATZA
I. BÉKÉS
J. MUCHA
D. SVÁBY
G. RESS
A. PERENIC
C. BÎRSAN
P. LORENZEN
K. HERNDL
E. BIELIUNAS
E.A. ALKEMA
Mrs. M. HION
MM. R. NICOLINI
A. ARABADJIEV
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 26 May 1997 by
D. M. against Switzerland and registered on 10 September 1997 under
file No. 37750/97;
Having regard to the report provided for in Rule 47 of the Rules
of Procedure of the Commission;
Having deliberated;
Decides as follows:
Facts
THE FACTS
The applicant, a citizen of Bosnia-Herzegovina born in 1970, is
currently imprisoned in Regensdorf in Switzerland.
The facts of the case, as submitted by the applicant, may be
summarised as follows.
The applicant resided for a period of time in Austria. In 1993
he was expelled to Bosnia-Herzegovina where he had to undertake
military service. However, after one month he deserted the army. The
applicant then travelled to Switzerland where he is apparently now
serving a prison sentence until 22 September 1997.
COMPLAINTS
The applicant complains that after his release from prison he
will be expelled to Bosnia-Herzegovina where he will be punished as a
war criminal and will suffer persecution as he is of Christian faith.
Considerations
THE LAW
The applicant complains of his expulsion to Bosnia-Herzegovina
where he fears to be punished as a war criminal and suffer persecution.
The Commission has examined this complaint under Article 3
(Art. 3) of the Convention which states:
"No one shall be subjected to torture or to inhuman or degrading
treatment or punishment."
However, the applicant failed to raise this complaint before the
domestic authorities, in particular in last resort before the Swiss
Asylum Appeals Commission (Schweizerische Asylrekurskommission). The
applicant has, therefore, not exhausted the remedies available to him
under Swiss law.
As a result, the application must be rejected under Article 27
para. 3 (Art. 27-3) of the Convention.
Order
For these reasons, the Commission, unanimously,
DECLARES THE APPLICATION INADMISSIBLE.
H.C. KRÜGER G.H. THUNE
Secretary Acting President
to the Commission of the Commission