Daniels v. Denmark



Application No. 20616/92

by James Thomas and Akberet DANIELS

against Denmark

The European Commission of Human Rights sitting in private on

6 July 1993, the following members being present:

MM. S. TRECHSEL, Acting President

C.A. NØRGAARD

A. WEITZEL

F. ERMACORA

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

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

G.B. REFFI

M.A. NOWICKI

I. CABRAL BARRETO

B. CONFORTI

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 25 August 1992 by

James Thomas and Akberet DANIELS against Denmark and registered on

11 September 1992 under file No. 20616/92;

Having regard to the report provided for in Rule 47 of the Rules

of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The first applicant is a British citizen, born in 1957. He

resides in Denmark where he is at present detained pending trial. The

second applicant is an Ethiopian citizen who came to Denmark in 1991

after having married the first applicant in 1990. Before the Commission

they are represented by Mr. Peter Petersen, a lawyer practising at

Randers, Denmark.

The applicants complain of the Danish authorities' intention to

expel the second applicant from Denmark. They claim that such an

expulsion would, in the circumstances, amount to an unjustifiable

interference with their family life.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 25 August 1992 and registered

on 11 September 1992.

On 11 September 1992 the Commission rejected the applicants'

request for the application of Rule 36 of its Rules of Procedure but

decided, pursuant to Rule 48 para. 2 (a) of the Rules of Procedure, to

request the respondent Government to submit information as to the

applicants' situation in Denmark.

This information was submitted by the Government on 22 September

1992 and the applicants' comments were submitted on 6 October 1992.

On 21 October 1992 the applicants were requested to submit

information as to the further developments in the case. They did not

reply. The reminders sent to them on 19 February 1993 and 26 April 1993

(registered mail) remained unanswered.

By letter of 1 June 1993 the respondent Government informed the

Commission that both applicants now have permanent residence permits

in Denmark.

REASONS FOR THE DECISION

Having regard to Article 30 paras. 1 (a) and (b) of the

Convention, the Commission recalls that the applicants have not replied

to the Commission's request for further information. It also notes that

they now have permanent residence permits in Denmark. In these

circumstances the Commission finds that the applicants do not intend

to pursue their petition and that the matter has been resolved.

Furthermore, 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.

For these reasons, the Commission, unanimously

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.

Secretary to the Commission Acting President of the Commission

(H.C. KRÜGER) (S. TRECHSEL)