Application No. 15934/89
by M.N.
against the United Kingdom
The European Commission of Human Rights sitting in private on
8 June 1990, the following members being present:
MM. C.A. NØRGAARD, President
E. BUSUTTIL
G. JÖRUNDSSON
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.C. SOYER
H. DANELIUS
Sir Basil HALL
MM. F. MARTINEZ
C.L. ROZAKIS
Mrs. J. LIDDY
MM. L. LOUCAIDES
J.C. GEUS
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 21 December
1989 by M.N. against the United Kingdom and registered on 22 December
1989 under file No. 15934/89;
Having regard to:
- reports provided for in Rule 40 of the Rules of Procedure of
the Commission;
- the President's decision of 22 December 1989 to bring
the application to the notice of the respondent Government
and invite them to submit written observations on its
admissibility and merits;
- the information provided by the respondent Government on
3 April 1990;
- the response of the applicant on 3 April and 11 May 1990;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a citizen of Zaire, born in 1958. At the
time of lodging his application he was detained in Latchmere Detention
Centre awaiting removal to Zaire. He is represented before the
Commission by Ms. Louise Christian, Solicitor, Messrs. Christian
Fisher & Co., London.
The applicant complained to the Commission that he would be
the victim of a violation of Article 3 of the Convention if he were
removed to Zaire. He claimed to have been severely tortured in the
recent past in that country and that he was a genuine political
refugee who had a well-founded fear of persecution if returned as he
would be likely to be detained and tortured there again.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 21 December 1989 and
registered the next day. On 22 December 1989 the President of the
Commission, after examining the question of the admissibility of the
application, decided, in accordance with Rules 28 para. 3 and 42 para.
2 (b) of the Rules of Procedure, that notice should be given to the
respondent Government of the application and that it should be invited
to submit written observations on admissibility and merits. The
Government informed the Commission by letter of 3 April 1990 that the
applicant's case had been reconsidered and that he had been granted
exceptional leave to remain in the United Kingdom. This same
information was provided by the applicant's representatives in a
letter also dated 3 April 1990. On 11 May 1990 the applicant's
representatives informed the Commission that the applicant no longer
wished to pursue an application to the Commission.
REASONS FOR THE DECISION
The Commission notes that the applicant has now been allowed
to remain in the United Kingdom and that he wishes to withdraw his
application to the Commission. It concludes, therefore, that the
applicant does not intend to pursue further his petition, the factual
basis of which has been resolved, within the meaning of Article 30
para. 1 (a) and (b) 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 case by virtue of Article 30 para. 1 in fine of the Convention.
For these reasons, the Commission
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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