THIRD SECTION
DECISION
Application no. 66238/16
Kadiatou and Binta BARRY
against the Netherlands
The European Court of Human Rights (Third Section), sitting on 4 September 2018 as a Committee composed of:
Dmitry Dedov, President,
Alena Poláčková,
Jolien Schukking, judges,
and Stephen Phillips, Section Registrar,
Having regard to the above application lodged on 11 November 2016,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Kadiatou Barry, and her minor daughter Ms Binta Barry, are Guinean nationals, who were born in 1997 and 2015 respectively and live in Emmen. They were represented before the Court by Ms M.M. Polman, a lawyer practising in Rotterdam.
The Dutch Government (“the Government”) were represented by their Agent, Ms B. Koopman, of the Ministry of Foreign Affairs.
The applicant complained that her minor daughter, who was born in the Netherlands, would be subjected to female genital mutilation (hereafter “FGM”) and she herself to further FGM, and thus treatment contrary to Article 3 of the Convention, if they were to be returned to Guinea.
After the Government had been given notice of the application, they informed the Court on 11 April 2018 that by decision of 10 April 2018 the applicant’s daughter had been granted a residence permit in the Netherlands, which was valid until 8 June 2020, and that the applicant had been invited to submit a fresh asylum application, which would subsequently be granted. On this basis, the Government requested the Court to strike the case out of the list of pending cases.
On 5 June 2018 the applicant informed the Court that she wanted to withdraw the application.
THE LAW
The Court notes that the applicant and her daughter no longer face removal to Guinea and that, for this reason, she does not intend to pursue her application. In these circumstances, and having regard to Article 37 § 1 (a) and (b) of the Convention and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, the Court is of the opinion that it is appropriate to strike the case out of the list.
Accordingly, the case should be struck 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 27 September 2018.
Stephen PhillipsDmitry Dedov
RegistrarPresident
Full & Egal Universal Law Academy