D. v. the United Kingdom



Application No. 12084/86

by G.D.

against the United Kingdom

The European Commission of Human Rights sitting in private on

13 March 1989, the following members being present:

MM. C.A. NØRGAARD, President

S. TRECHSEL

F. ERMACORA

G. SPERDUTI

E. BUSUTTIL

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.C. SOYER

H.G. SCHERMERS

H. DANELIUS

G. BATLINER

J. CAMPINOS

H. VANDENBERGHE

Mrs. G.H. THUNE

Sir Basil HALL

MM. F. MARTINEZ

C.L. ROZAKIS

Mrs. J. LIDDY

Mr. L. LOUCAIDES

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 30 May 1985

by G.D. against the United Kingdom and registered on 3 April

1986 under file No. 12084/86;

- ii -

12084/86

Having regard to:

- reports provided for in Rule 40 of the Rules of Procedure of

the Commission;

- the Commission's decision of 18 July 1986 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 applicant's representative

on 24 February 1989 ;

- confirmation of that information by the respondent Government

on 28 February 1989 ;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a British citizen, born in 1939 in Jersey.

He is a financial adviser and lives in Oxfordshire. He is represented

before the Commission by Mr. D. Lequesne, a lawyer with Messrs.

Viberts, Advocates, St. Helier, Jersey.

The applicant complained to the Commission about the length of

criminal proceedings against him (eight years and three months), which

were eventually abandoned. He claimed to be a victim of a violation

of Articles 6, 8 and 14 of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 30 May 1985 and registered

on 3 April 1986. After a preliminary examination of the case by the

Rapporteur, the Commission considered the admissibility of the

application on 18 July 1986. It decided to give notice of the

application to the respondent Government, pursuant to Rule 42 para. 2

(b) of its Rules of Procedure, and to invite the parties to submit

their written observations on admissibility and merits. However,

rather than submitting such observations, on 27 October 1986 the

Government requested the Commission's assistance in seeking a

satisfactory settlement of the applicant's complaints. There then

followed lengthy exchanges between the parties through the Commission,

as well as direct negotiations between the applicant's representative

and the Attorney General of Jersey. On 24 February 1989 the

applicant's representative informed the Commission that the case had

been settled. He confirmed on 28 February 1989 his client's wish to

withdraw the case. That same day the Government also confirmed that a

satisfactory financial agreement had been reached between the parties.

REASONS FOR THE DECISION

The Commission notes that the parties have now reached a

satisfactory financial settlement and that the applicant wishes to

withdraw his application. It finds no reasons of a general character

affecting the observance of the Convention which require retention of

the application. Accordingly the Commission accedes to the

applicant's request to withdraw his case.

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)