Application No. 17532/90
by P. et al.
against the Netherlands
The European Commission of Human Rights sitting in private
on 11 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 RUIZ
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 December 1990
by P. et al. against the Netherlands and
registered on 7 December 1990 under file No. 17532/90;
Having regard to the report provided for in Rule 47 of the
Rules of Procedure of the Commission;
Having deliberated;
Decides as follows:
THE FACTS
The applicants of Chilean nationality are a family with four
children, all born in Chile respectively in 1953, 1961, 1977, 1979,
1981 and 1988. Before the Commission they are represented by F.C.J.M.
Buuron, a lawyer practising in Bergen op Zoom, the Netherlands.
On 1 June 1989 the applicants requested the Dutch authorities
to grant them refugee status and a residence permit. The first
applicant claimed that she had been arrested and tortured by the
Chilean Intelligence Service on two occasions. These requests were
refused by the Secretary of State for Justice on 25 July 1989.
On 1 September 1989 the applicants requested the Secretary of
State for Justice to reconsider these decisions. On 2 October 1989 the
Secretary of State decided that this request would have no suspensive
effect concerning the applicants' expulsion to Chile. On 5 June 1990
the President of the Regional Court (Arrondissementsrechtbank) of The
Hague in summary proceedings rejected the applicants' request to
prohibit the Dutch Government from expelling them to Chile.
COMPLAINTS
The applicants complained under Article 3 of the Convention
that their expulsion would involve the risk that the first applicant
would once again be subjected to torture. The applicants also
complained that the expulsion proceedings did not meet the
requirements of Article 6 para. 1 of the Convention, and that in this
respect they did not have an effective remedy within the meaning of
Article 13 of the Convention.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced and registered on 7 December
1990.
On 4 December 1990 the Commission rejected the applicants'
request for a ruling under Rule 36 of the Commission's Rules of
Procedure and decided to invite the parties, pursuant to Rule 48 para.
2 (a) of the Commission's Rules of Procedure, to submit further
information.
The respondent Government submitted the requested information
on 19 February 1991. By letter of 22 April 1991 the applicants'
representative informed the Commission that the applicants wished to
withdraw their application as in the meantime they had been allowed to
stay in the Netherlands.
REASONS FOR THE DECISION
Having regard to Article 30 para. 1 (a) of the Convention, the
Commission notes that the applicants do not intend to pursue their
application. It finds no special circumstances regarding respect for
human rights as defined in the Convention which require examination of
the application to be continued, in accordance with 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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