THIRD SECTION
DECISION
Application no. 14778/18
Aida TOURÉ
against the Netherlands
The European Court of Human Rights (Third Section), sitting on 3 July 2018 as a Committee composed of:
Dmitry Dedov, President,
Alena Poláčková,
Jolien Schukking, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 22 March 2018,
Having regard to the interim measure indicated to the respondent Government under Rule 39 of the Rules of Court and the fact that this interim measure has been complied with,
Having regard to the information submitted by the respondent Government and the applicant,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Aida Touré, is a Guinean national, who was born in 1989 and lives in Gilze en Rijen. She was represented before the Court by Mr A.J.P. Lemmen, a lawyer practising in Heerlen.
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 she herself to further FGM, and thus treatment contrary to Article 3 of the Convention, if they were to be returned to Guinea.
On 10 April 2018 the duty judge decided, at the request of the applicant, to indicate to the Government that it was desirable in the interest of the parties and the proper conduct of the proceedings before the Court not to expel the applicant to Guinea until further notice (Rule 39 of the Rules of Court). It was further decided that the Government should be invited to submit their written observations on the admissibility and merits of the case.
After the Government had been given notice of the application, they informed the Court on 23 May 2018 that by decision of 11 April 2018 the applicant and her children had been granted residence permits in the Netherlands, which permits were valid until 25 July 2022. On this basis, the Government requested the Court to strike the case out of the list of pending cases.
On 22 May 2018 the applicant informed the Court that she wanted to withdraw the application.
THE LAW
The Court notes that the applicant and both her children no longer face removal to Guinea and that, for this reason, she does not intend to pursue her 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, and to discontinue the application of Rule 39 of the Rules of the Court.
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 26 July 2018.
Fatoş AracıDmitry Dedov
Deputy RegistrarPresident
Full & Egal Universal Law Academy