THIRD SECTION
DECISION
Application no. 753/13
G.A.N. and Others
against the Netherlands
The European Court of Human Rights (Third Section), sitting on 17 September as a Committee composed of:
Alvina Gyulumyan, President,
Kristina Pardalos,
Johannes Silvis, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 7 January 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Mr G.A.N. and Ms M.C., are Afghan nationals, who were born in 1992 and 1995 respectively and live in Den Helder. They were represented before the Court by Mr H.J. Janse, a lawyer practising in Groningen.
The Dutch Government (“the Government”) were represented by their Agent, Mr R.A.A. Böcker, of the Ministry of Foreign Affairs.
The applicants complained under Article 3 of the Convention that their expulsion to Afghanistan would expose them to a real risk of being subjected to treatment in violation of this provision.
On 11 January 2013 the Acting President of the Section decided to indicate to the Government of the Netherlands that it was desirable in the interests of the parties and the proper conduct of the proceedings before the Court not to expel the applicants to Afghanistan for the duration of the proceedings before it (Rule 39 of the Rules of Court). The Acting President further decided to give notice to the Government of the applicants’ complaint detailed above (Rule 54 § 2 (b)).
By letter dated 15 April 2013 the Government informed the Court that the applicants had been granted a residence permit for the purpose of asylum by decision of 9 April 2013. Subsequently, in a letter of 29 April 2013, the applicants’ representative informed the Court that his clients wished to withdraw the application since they had been granted asylum in the Netherlands after all.
THE LAW
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case.
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 Tsirli Alvina Gyulumyan
Deputy RegistrarPresident
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