THIRD SECTION
DECISION
Application no. 63913/17
Aminata KAKE and Kani CAMARA
against the Netherlands
The European Court of Human Rights (Third Section), sitting on 4 September 2018 as a Committee composed of:
Dmitry Dedov, President,
Alena Poláčková,
Jolien Schukking, judges,
and Stephen Phillips, Section Registrar,
Having regard to the above application lodged on 25 August 2017,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Aminata Kake, and her minor daughter, Ms Kani Camara, are Guinean nationals, who were born in 1990 and 2016 respectively and live in Emmen. They were represented before the Court by Ms A. van der Werff‑Dost, a lawyer practising in Utrecht.
The Dutch Government (“the Government”) were represented by their Agent, Ms B. Koopman, of the Ministry of Foreign Affairs.
The applicant complained that her minor daughter, who was born in the Netherlands, would be subjected to female genital mutilation (hereafter “FGM”), and thus treatment contrary to Article 3 of the Convention, if they were to be returned to Guinea.
After the Government had been given notice of the application, they informed the Court on 11 April 2018 that by a decision taken on the same day the applicants had been granted residence permits in the Netherlands, which were valid until 3 October 2021. On this basis, the Government requested the Court to strike the case out of the list of pending cases.
The applicant’s representative, having been requested to inform the Court if the applicant nevertheless wished to maintain the application, failed to respond to this invitation, as well as to a reminder.
THE LAW
The Court notes that the applicant and her daughter have been granted residence permits in the Netherlands and no longer face removal to Guinea. The Court further notes that the applicant’s representative has failed to inform the Court if the applicant wishes to maintain the application. In these circumstances, and having regard to Article 37 § 1 (a) and (b) of the Convention and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, the Court is of the opinion that it is appropriate to strike the case out of the list.
Accordingly, the case should be struck 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 27 September 2018.
Stephen PhillipsDmitry Dedov
RegistrarPresident
Full & Egal Universal Law Academy