CASE OF LAMGUINDAZ AGAINST THE UNITED KINGDOM



     The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights

and Fundamental Freedoms (hereinafter referred to as "the

Convention"),

     Having regard to the judgment of the European Court of Human

Rights in the Lamguindaz case delivered on 28 June 1993 and

transmitted the same day to the Committee of Ministers;

     Recalling that the case originated in an application against

the United Kingdom lodged with the European Commission of Human

Rights on 6 February 1990, under Article 25 (art. 25) of the

Convention, by Mr Ahmed Lamguindaz, a Moroccan national, who

alleged that his deportation from the United Kingdom violated

Articles 8 and 14 (art. 8, art. 14) of the Convention;

     Recalling that the case was brought before the Court by the

Commission on 11 December 1992;

     Whereas, in its judgment of 28 June 1993 the Court, after

having taken formal note of a friendly settlement reached by the

Government of the United Kingdom and the applicant and having

found that there were no reasons of public policy justifying the

continuation of the proceedings, decided unanimously to strike

the case out of its list;

      Whereas under the above-mentioned friendly settlement it

was agreed as follows:

     "Without any admission by the Government that a breach of

     the Convention has occurred and on condition that the case

     is withdrawn from the Court and no further cases are

     instituted against the Government in respect of this matter

     in any national or international court, the Government

     propose to:

          1.   revoke the deportation order against the

               applicant;

          2.   allow the applicant to re-enter the United

               Kingdom;

          3.   give the applicant indefinite leave to remain;

          4.   allow the applicant to make an application for

               naturalisation;

          5.   pay the costs which the applicant has actually

               and necessarily incurred and which are reasonable

               as to quantum.";

     Whereas the Government of the United Kingdom and the

applicant have reached an agreement, of which the Court has taken

formal note in its judgment of 28 June 1993, to the effect that

the applicant should be reimbursed 8 398 pounds sterling and

2 pence for costs and expenses;

     Recalling that Rule 49, paragraph 3, of the Court's revised

Rules provides that the striking out of a case shall be effected

by means of a judgment which the President shall forward to the

Committee of Ministers in order to allow it to supervise, in

accordance with Article 54 (art. 54) of the Convention, the

execution of any undertakings which may have been attached to the

discontinuance or solution of the matter;

     Having invited the Government of the United Kingdom to

inform it of the measures taken for the execution of the

undertakings attached to the solution of the case;

     Having been informed by the Government of the United Kingdom

that the deportation order against the applicant has been

revoked, that the United Kingdom Consulate in Casablanca has

granted the applicant a visa for indefinite leave to remain in

the United Kingdom and that, upon his return to the United

Kingdom, the applicant will be authorised to make an application

for naturalisation;

     Having satisfied itself that on 7 June 1993 the Government

of the United Kingdom has paid the applicant the sum provided for

in the friendly settlement,

     Declares, after having taken note of the information

supplied by the Government of the United Kingdom, that it has

exercised its functions under Article 54 (art. 54) of the

Convention in this case.

 

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