Hodgson v. the United Kingdom



Application No. 16187/90

by Christopher HODGSON

against the United Kingdom

The European Commission of Human Rights sitting in private on

10 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

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 June 1989

by Christopher HODGSON against the United Kingdom and registered on

21 February 1990 under file No. 16187/90;

- i -

16187/90

Having regard to:

- reports provided for in Rule 47 of the Rules of Procedure

of the Commission;

- the Commission's decision of 13 July 1990 to bring the

application to the notice of the respondent Government

and invite them to submit written observations on its

admissibility and merits;

- the observations dated 22 October 1990, submitted by the

respondent Government;

- the information provided by the applicant's representative

on 10 April 1991;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a British citizen, born in 1955, who at the

time of lodging his application was detained in HM Prison Lindholm.

He is represented before the Commission by Roger Barton, Member of the

European Parliament.

The applicant originally complained to the Commission about

his trial, his conviction, his conditions of detention and a refusal

of parole. He was released from prison on 21 September 1990. He had

invoked Articles 3, 5 and 6 of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 7 June 1989 and registered

on 21 February 1990. After a preliminary examination of the case by

the Rapporteur, the Commission decided on 13 July 1990 to give notice

of the application to the respondent Government, pursuant to Rule 42

para. 2 (b) of its Rules of Procedure (former version), and to invite

the parties to submit their written observations on the admissibility

and merits of the application.

The Government submitted their written observations dated

22 October 1990. The applicant failed to reply despite two reminders

from the Commission's Secretariat. On 10 April 1991 the applicant's

representative informed the Commission that he had lost contact with

the applicant and that he would take some final steps to trace his

whereabouts and take instructions during the following two weeks.

Nothing further has been heard from the applicant's representative and

the applicant has not contacted the Commission directly himself.

REASONS FOR THE DECISION

The Commission notes that the applicant's whereabouts are

unknown and that he has neither kept in touch with his representative

nor the Commission. In these circumstances the Commission concludes

that the applicant has lost interest in his case and that he does not

intend to pursue his petition within the meaning of Article 30

para. 1 (a) of the Convention. Moreover, the Commission finds no

reasons of a general character affecting respect for Human Rights, as

defined in the Convention, which require the further examination of

the application by virtue of 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)