THIRD SECTION
DECISION
Application no. 51989/09
by Khadidja FAROUK MOHAMED
against the Netherlands
The European Court of Human Rights (Third Section), sitting on 20 September 2011 as a Committee composed of:
Luis López Guerra, President,
Egbert Myjer,
Mihai Poalelungi, judges,
and Marialena Tsirli, Deputy Setion Registrar,
Having regard to the above application lodged on 22 September 2009,
Having deliberated, decides as follows:
THE FACTS
The applicant, Ms Khadidja Farouk Mohamed, is a Sudanese national who was born in 1971 and lives in Musselkanaal. She was represented before the Court by Ms M. Terpstra, a lawyer practising in Amsterdam. The Dutch Government (“the Government”) were represented by their Agent, Mr R.A.A. Böcker, of the Ministry for Foreign Affairs.
The applicant complained under Article 3 of the Convention that expulsion to Sudan would expose her minor daughter to the real risk of being subjected to female genital mutilation.
On 18 December 2009 the President of the Chamber decided to indicate to the Government that it was desirable in the interests of the parties and the proper conduct of the proceedings before the Court not to expel the applicant (Rule 39 of the Rules of Court) until 20 January 2010. The Court prolonged this interim measure on 19 January, 23 February and 16 March 2010.
In an undated letter received by the Court on 21 June 2011 the applicant’s representative informed the Court that the applicant wanted to withdraw the application since she and her family had been granted a residence permit.
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 considers that it is no longer justified to continue the examination of the application within the meaning of Article 37 § 1 (a) of the Convention.
In view of the above, it is appropriate to lift the interim measure indicated under Rule 39 of the Rules of Court and 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.
Marialena TsirliLuis López Guerra
Deputy RegistrarPresident
Full & Egal Universal Law Academy