THIRD SECTION
DECISION
Application no. 25392/14
Tahır CERCI
against the Netherlands
The European Court of Human Rights (Third Section), sitting on 10 April 2018 as a Committee composed of:
Dmitry Dedov, President,
Alena Poláčková,
Jolien Schukking, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 22 March 2014,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Tahır Cercı, is a Turkish national, who was born in 1962. He was represented before the Court by Mr A.J. Eertink, a lawyer practising in The Hague.
The Dutch Government (“the Government”) were represented by their Agent, Mr R.A.A. Böcker, and their Deputy Agent, Ms K. Adhin, both of the Ministry of Foreign Affairs.
The applicant complained under Article 8 of the Convention that the entry ban of 10 years imposed on him on account of his criminal convictions in the Netherlands, violated his right to respect for private life and family life with his partner and children. He further complained under Article 13 about not having had an effective remedy for his complaint under Article 8.
On 17 November 2014 the President decided to give notice to the Government of the applicant’s complaints detailed above. The applicant and the Government each filed observations on the admissibility and on the merits of the case.
On 1 February 2018 the Government informed the Court that the entry ban which had been imposed on the applicant had been lifted by a decision of the Immigration and Naturalisation Service (Immigratie-en Naturalisatiedienst) of 10 January 2018 and requested the Court to strike the case out of its list of cases.
By letter dated 26 February 2018, the applicant’s representative informed the Court that the applicant, given the fact that the entry ban had been lifted, wanted to withdraw the application.
THE LAW
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.
In view of the above, it is appropriate to strike the case 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 17 May 2018.
Fatoş AracıDmitry Dedov
Deputy RegistrarPresident
Full & Egal Universal Law Academy