Application No. 16600/90
by S., R. W. and N.K.
against the Netherlands
The European Commission of Human Rights sitting in private
on 13 July 1990, the following members being present:
MM. J.A. FROWEIN, Acting President
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
Mr. F. MARTINEZ RUIZ
Mrs. J. LIDDY
MM. L. LOUCAIDES
J.-C. GEUS
A.V. ALMEIDA RIBEIRO
Mr. J. RAYMOND, Deputy 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 9 May 1990 by
S., R. W. and N.K. against the Netherlands and registered on 16 May
1990 under file No. 16600/90;
Having regard to the report provided for in Rule 40 of the
Rules of Procedure of the Commission;
Having deliberated;
Decides as follows:
The applicants are a husband and wife and their child, born in
1953, 1962 and 1987 respectively. The husband is an Israeli national
of Palestinian origin and the wife is a Dutch national. They are both
students and the wife also teaches part-time. Before the Commission
they are represented by Mr. L.C. Baars, a lawyer practising in
Schiedam, the Netherlands.
The applicants complained that, following his conviction for
the murder of his first wife in 1982, the first applicant was issued
an exclusion order. He had met the second applicant while waiting for
his appeals against the exclusion order and now he faced a risk of
expulsion to Israel. The applicants submitted that the wife and child
could not be expected to follow the husband to Israel, and his
expulsion would infringe their right to respect for their family
life. They invoked Article 8 of the Convention.
On 18 May 1990 the Commission decided not to make an
indication under Rule 36 of its Rules of Procedure to the respondent
Government, that the first applicant not be expelled pending the
Commission's examination of the case.
By letter of 2 July 1990 the applicants' representative
informed the Commission that the exclusion order against the first
applicant had been revoked and he had been granted a residence
permit. Therefore, the applicants wish to withdraw their application
before the Commission.
Having regard to Article 30 para. 1 (a) of the Convention, the
Commission notes that the applicants do not intend to pursue this
petition. It finds no special circumstances regarding respect for
Human Rights as defined in the Convention which require the
continuation of the examination of the application, in accordance with
Article 30 para. 1 in fine of the Convention.
For these reasons, the Commission
DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES
Deputy Secretary to the Commission Acting President of the Commission
(J. RAYMOND) (J.A. FROWEIN)
Full & Egal Universal Law Academy