THIRD SECTION
DECISION
Application no. 29043/14
A.N. and L.K.
against the Netherlands
The European Court of Human Rights (Third Section), sitting on 17 March 2015 as a Committee composed of:
Luis López Guerra, President,
Johannes Silvis,
Valeriu Griţco, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 15 April 2014,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicants, Mr A.N. and Mrs L.K., are a married couple, hailing from the Republic of Ingushetia in Russia. They were born in 1969 and 1976, respectively, and currently live in the Netherlands together with their three children. The President granted the applicants’ request for their identity not to be disclosed to the public (Rule 47 § 4 of the Rules of Court). They are represented before the Court by Mr F.-W. Verbaas, a lawyer practising in Alkmaar. The Dutch Government (“the Government”) were represented by their Agent, Mr R.A.A. Böcker, of the Ministry of Foreign Affairs.
2. The applicants, whose requests for asylum in the Netherlands were rejected, complained that there were substantial grounds for believing that they would be subjected to treatment in breach of Article 3 of the Convention if they were expelled to Russia.
3. On 24 April 2014 the Acting President of the Section decided, under Rule 39 of the Rules of Court, to indicate to the Government that it was desirable in the interest of the parties and the proper conduct of the proceedings before the Court not to expel the applicants to Russia until further notice. On 26 August 2014, the President decided that the Government should be invited to submit their written observations on the admissibility and merits of the case.
4. On 9 October 2014 the Government informed the Court that the applicants had been granted a temporary residence permit for the purpose of asylum, valid until 26 September 2017. On the same day, the Government requested the Court to strike the application out of its list of cases.
5. By a letter dated 11 November 2014, the applicants’ representative informed the Court that the applicants wished to maintain their application to the Court.
THE LAW
6. The applicants now having been granted asylum in the Netherlands, the Court considers that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention. 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.
7. In view of the above, it is appropriate to lift the interim measure indicated under Rule 39 of the Rules of Court in the present case and to strike it out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 9 April 2015.
Marialena TsirliLuis López Guerra
Deputy RegistrarPresident
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