B. v. the Netherlands



Application No. 15606/89

by H.B.

against the Netherlands

The European Commission of Human Rights (Second Chamber) sitting

in private on 1 April 1992, the following members being present:

MM. S. TRECHSEL, President of the Second Chamber

G. JÖRUNDSSON

A. WEITZEL

J.-C. SOYER

H. G. SCHERMERS

H. DANELIUS

Mrs. G. H. THUNE

MM. F. MARTINEZ

L. LOUCAIDES

J.-C. GEUS

A.V. ALMEIDA RIBEIRO

Mr. K. ROGGE, Secretary to the Second Chamber

Having regard to Article 25 of the Convention for the Protection

of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 5 October 1989 by

H.B. against the Netherlands and registered on 12 October 1989 under

file No. 15606/89;

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 applicant is a Colombian national, born in 1952 and at

present residing in Colombia. At the time of the introduction of the

application she was detained in a women's penitentiary in Amsterdam,

having been convicted for drug related offences. Before the Commission,

she is represented by Mrs. M.D. van Aller, a lawyer practising in

Amsterdam, the Netherlands.

The applicant originally complained that the Dutch authorities'

refusal of 28 June 1989 to grant her a residence permit to stay with

her Dutch fiancé in the Netherlands and the ensuing expulsion amounted

to a violation of her right to respect for her family life and her

right to marry and found a family as she was expecting a baby.

In the meanwhile the applicant has been expelled to Colombia on

18 October 1989 where she married her Dutch fiancé and lived with him

and their child. It appears that at present they are divorced.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 5 October 1989 and registered

on 12 October 1989.

On 13 October 1989 the Commission decided not to make an

indication under Rule 36 of its Rules of Procedure to the respondent

Government.

By letter of 28 January 1992 the applicant's representative

informed the Commission that the applicant wishes to withdraw the

application.

REASONS FOR THE DECISION

Having regard to Article 30 para. 1 (a) of the Convention, the

Commission notes that the applicant does not intend to pursue this

petition since she is divorced and lives in Colombia. It finds no

special circumstances regarding respect for human rights as defined in

the Convention which require examination of the application to be

continued, in accordance with 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 Second Chamber President of the Second Chamber

(K. ROGGE) (S. TRECHSEL)