AS TO THE ADMISSIBILITY OF
Application No. 12105/86
by R.A. and W.M.
against the United Kingdom
The European Commission of Human Rights sitting in private on
13 July 1987, the following members being present:
MM. C.A. NØRGAARD, President
J.A. FROWEIN, First Vice-President
S. TRECHSEL, Second Vice-President
F. ERMACORA
E. BUSUTTIL
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.C. SOYER
H.G. SCHERMERS
H. DANELIUS
G. BATLINER
Mrs. G.H. THUNE
Sir Basil HALL
MM. F. MARTINEZ
C.L. ROZAKIS
Mrs. J. LIDDY
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 12 March 1986
by R.A. and W.M. against the United Kingdom
and registered on 18 April 1986 under file No. 12105/86;
Having regard to the report provided for in Rule 40 of the
Rules of Procedure of the Commission;
Having deliberated;
Decides as follows:
THE FACTS
The applicants, British citizens and civil servants, reside in
London. Before the Commission they are represented by Messrs. Lawford
& Co., solicitors practising in London.
The applicants rely on the facts forming the background to,
and set out in, Application No. 11603/85 by the Council of Civil
Service Unions and Others against the United Kingdom.
The applicants originally complained under Article 11 of the
Convention that individual employees at Government Communications
Headquarters (GCHQ) no longer have the right to belong to a trade
union. Under Article 13 they alleged that there was no effective
remedy under domestic law in respect of the alleged breach of Article 11.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 12 March 1986 and registered
on 18 April 1986.
On 17 July 1986 the Commission decided, pursuant to Rule 42
para. 2 (b) of its Rules of Procedure, to give notice of the
application to the respondent Government, without requesting written
observations at that stage, pending the outcome of the similar
application of the Council of Civil Service Unions and Others v.
United Kingdom (No. 11603/85). That application was declared
inadmissible by the Commission on 20 January 1987.
On 27 April 1987 the present applicants informed the Secretary
that they did not with to pursue their application.
REASONS FOR THE DECISION
The Commission notes that the applicants do not wish to pursue
their application. It finds no reasons of a general character
affecting the observance of the Convention which necessitate the
further retention of this case. Accordingly, the Commission accedes
to the applicants' request to withdraw their application.
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)