Kaminatenda v. the United Kingdom



Application No. 35477/97

by Beya Muya KAMINATENDA

against the United Kingdom

______________

The European Commission of Human Rights sitting in private on

15 September 1997, the following members being present:

Mr. S. TRECHSEL, President

Mrs. G.H. THUNE

Mrs. J. LIDDY

MM. E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H. DANELIUS

F. MARTINEZ

C.L. ROZAKIS

L. LOUCAIDES

J.-C. GEUS

M.P. PELLONPÄÄ

B. MARXER

M.A. NOWICKI

I. CABRAL BARRETO

I. BÉKÉS

J. MUCHA

D. SVÁBY

G. RESS

A. PERENIC

C. BÎRSAN

P. LORENZEN

K. HERNDL

E. BIELIUNAS

E.A. ALKEMA

Mrs. M. HION

MM. R. NICOLINI

A. ARABADJIEV

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 5 March 1997 by

Beya Muya KAMINATENDA against the United Kingdom and registered on

1 April 1997 under file No. 35477/97;

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 Congo national born in 1959. He is currently

detained in Rochester Prison in the United Kingdom. In the proceedings

before the Commission he is represented by Ms L. Aaronson, a lawyer

practising in London.

The facts of the case, as they have been submitted by the

applicant, may be summarised as follows:

Having left his country, the applicant entered the United Kingdom

on 4 January 1990. On 5 January 1995 he lodged an asylum application

which was rejected by the Secretary of State on 20 April 1994. On

11 May 1994 directions were given for his removal from the United

Kingdom under section 16(1) of the Immigration Act 1971. The applicant

appealed, but his appeal was rejected by a Special Adjudicator on

25 April 1995.

On 22 May 1995 the Immigration Appeal Tribunal refused the

applicant leave to appeal against the decision of 25 April 1995 of the

Special Adjudicator.

On 26 May 1995 the applicant married a British national. He made

a request to stay on grounds of his marriage, but this was refused.

On 3 October 1996 the applicant was arrested.

On 4 March 1997 the High Court refused the applicant leave to

apply for judicial review.

On 26 March 1997 the applicant was given notification that he

would be deported on 27 March 1997.

COMPLAINTS

The applicant complains that, if he is deported to Zaire, he runs

a serious risk of being subjected to treatment contrary to Article 3

of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 5 March 1997.

On 27 March 1997 the Acting President of the Commission decided,

in accordance with Rule 36 of the Commission's Rules of Procedure, to

indicate to the Government of the United Kingdom that it was desirable

in the interests of the Parties and the proper conduct of the

proceedings before the Commission not to deport the applicant to Zaire

until the Commission had an opportunity to examine the application.

On 1 April 1997 the application was registered.

On 18 April 1997 the Commission decided not to renew the request

made by the Acting President to the Government of the United Kingdom

for measures under Rule 36 of its Rules of Procedure.

On 16 May 1997 the applicant informed the Commission that he

wished to withdraw his application.

REASONS FOR THE DECISION

The Commission notes that it has been informed by the applicant

that he wishes to withdraw his application. It also considers that

respect for Human Rights as defined in the Convention does not require

it to continue the examination of the application.

It follows that the application may be struck off the list of

cases pursuant to Article 30 para. 1 (a) of the Convention.

For these reasons, the Commission, unanimously,

DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.

H.C. KRÜGER S. TRECHSEL

Secretary President

to the Commission of the Commission