37750/97

 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: 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. 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. 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