Application No. 16187/90
by Christopher HODGSON
against the United Kingdom
The European Commission of Human Rights sitting in private on
10 July 1991, the following members being present:
MM. C.A. NØRGAARD, President
J.A. FROWEIN
S. TRECHSEL
F. ERMACORA
G. SPERDUTI
A.S. GÖZÜBÜYÜK
A. WEITZEL
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
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 7 June 1989
by Christopher HODGSON against the United Kingdom and registered on
21 February 1990 under file No. 16187/90;
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16187/90
Having regard to:
- reports provided for in Rule 47 of the Rules of Procedure
of the Commission;
- the Commission's decision of 13 July 1990 to bring the
application to the notice of the respondent Government
and invite them to submit written observations on its
admissibility and merits;
- the observations dated 22 October 1990, submitted by the
respondent Government;
- the information provided by the applicant's representative
on 10 April 1991;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a British citizen, born in 1955, who at the
time of lodging his application was detained in HM Prison Lindholm.
He is represented before the Commission by Roger Barton, Member of the
European Parliament.
The applicant originally complained to the Commission about
his trial, his conviction, his conditions of detention and a refusal
of parole. He was released from prison on 21 September 1990. He had
invoked Articles 3, 5 and 6 of the Convention.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 7 June 1989 and registered
on 21 February 1990. After a preliminary examination of the case by
the Rapporteur, the Commission decided on 13 July 1990 to give notice
of the application to the respondent Government, pursuant to Rule 42
para. 2 (b) of its Rules of Procedure (former version), and to invite
the parties to submit their written observations on the admissibility
and merits of the application.
The Government submitted their written observations dated
22 October 1990. The applicant failed to reply despite two reminders
from the Commission's Secretariat. On 10 April 1991 the applicant's
representative informed the Commission that he had lost contact with
the applicant and that he would take some final steps to trace his
whereabouts and take instructions during the following two weeks.
Nothing further has been heard from the applicant's representative and
the applicant has not contacted the Commission directly himself.
REASONS FOR THE DECISION
The Commission notes that the applicant's whereabouts are
unknown and that he has neither kept in touch with his representative
nor the Commission. In these circumstances the Commission concludes
that the applicant has lost interest in his case and that he does not
intend to pursue his petition within the meaning of Article 30
para. 1 (a) of the Convention. Moreover, the Commission finds no
reasons of a general character affecting respect for Human Rights, as
defined in the Convention, which require the further examination of
the application by virtue of Article 30 para. 1 in fine of the
Convention.
For these reasons, the Commission unanimously
DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.
Secretary to the Commission President of the Commission
(H.C. KRÜGER) (C.A. NØRGAARD)
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