Application No. 20616/92
by James Thomas and Akberet DANIELS
against Denmark
The European Commission of Human Rights sitting in private on
6 July 1993, the following members being present:
MM. S. TRECHSEL, Acting President
C.A. NØRGAARD
A. WEITZEL
F. ERMACORA
G. JÖRUNDSSON
A.S. GÖZÜBÜYÜK
J.-C. SOYER
H.G. SCHERMERS
H. DANELIUS
Mrs. G.H. THUNE
Sir Basil HALL
MM. F. MARTINEZ
C.L. ROZAKIS
Mrs. J. LIDDY
MM. L. LOUCAIDES
J.-C. GEUS
M.P. PELLONPÄÄ
B. MARXER
G.B. REFFI
M.A. NOWICKI
I. CABRAL BARRETO
B. CONFORTI
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 25 August 1992 by
James Thomas and Akberet DANIELS against Denmark and registered on
11 September 1992 under file No. 20616/92;
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 first applicant is a British citizen, born in 1957. He
resides in Denmark where he is at present detained pending trial. The
second applicant is an Ethiopian citizen who came to Denmark in 1991
after having married the first applicant in 1990. Before the Commission
they are represented by Mr. Peter Petersen, a lawyer practising at
Randers, Denmark.
The applicants complain of the Danish authorities' intention to
expel the second applicant from Denmark. They claim that such an
expulsion would, in the circumstances, amount to an unjustifiable
interference with their family life.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 25 August 1992 and registered
on 11 September 1992.
On 11 September 1992 the Commission rejected the applicants'
request for the application of Rule 36 of its Rules of Procedure but
decided, pursuant to Rule 48 para. 2 (a) of the Rules of Procedure, to
request the respondent Government to submit information as to the
applicants' situation in Denmark.
This information was submitted by the Government on 22 September
1992 and the applicants' comments were submitted on 6 October 1992.
On 21 October 1992 the applicants were requested to submit
information as to the further developments in the case. They did not
reply. The reminders sent to them on 19 February 1993 and 26 April 1993
(registered mail) remained unanswered.
By letter of 1 June 1993 the respondent Government informed the
Commission that both applicants now have permanent residence permits
in Denmark.
REASONS FOR THE DECISION
Having regard to Article 30 paras. 1 (a) and (b) of the
Convention, the Commission recalls that the applicants have not replied
to the Commission's request for further information. It also notes that
they now have permanent residence permits in Denmark. In these
circumstances the Commission finds that the applicants do not intend
to pursue their petition and that the matter has been resolved.
Furthermore, it finds no special circumstances regarding respect for
human rights as defined in the Convention which require the
continuation of the examination of the application.
For these reasons, the Commission, unanimously
DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.
Secretary to the Commission Acting President of the Commission
(H.C. KRÜGER) (S. TRECHSEL)
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