A.L. v. the Netherlands



Application No. 13988/88

by A.L.

against the Netherlands

The European Commission of Human Rights sitting in private

on 2 July 1990, the following members being present:

MM. C.A. NØRGAARD, President

S. TRECHSEL

F. ERMACORA

E. BUSUTTIL

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H. DANELIUS

Mrs. G. H. THUNE

Sir Basil HALL

MM. F. MARTINEZ RUIZ

C.L. ROZAKIS

Mrs. J. LIDDY

MM. L. LOUCAIDES

J.-C. GEUS

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 9 May 1988

by A.L. against the Netherlands and registered on 28 June 1988 under

file No. 13988/88;

Having regard to the report provided for in Rule 40 of the

Rules of Procedure of the Commission;

Having deliberated;

Decides as follows:

The applicant is a Chilean national, born in 1967 and residing

in the Netherlands. Before the Commission he is represented by Mr.

Th. Spijkerboer, a lawyer practising in Zaandam, the Netherlands.

The applicant complained that he had been detained unlawfully

at the special refugee detention centre at Schiphol, Amsterdam airport

when he entered the Netherlands there, at the end of 1987. He also

complained that he was denied access to a court in order to have the

lawfulness of his detention determined. He invoked Article 5 paras. 1

(f) and 4 of the Convention.

The Commission joined this application to Applications Nos.

13921/88 and 13922/88 and, on 4 December 1989, brought these

applications to the attention of the Netherlands Government and

invited them to submit written observations on their admissibility and

merits.

By letters of 18 April and 18 May 1990, the applicant's

representative informed the Commission that the applicant had reached

a settlement with the respondent Government, who had agreed to pay the

applicant 50 Dutch guilders per day by way of compensation for his

period spent in detention. The applicant stated that he wished to

withdraw the application.

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

Commission notes that the applicant does not intend to pursue this

petition. 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, in accordance with

Article 30 para. 1 in fine of the Convention.

For these reasons, the Commission

1 DECIDES TO DISJOIN THE PRESENT APPLICATION FROM

APPLICATIONS NOS. 13921/88 AND 13922/88;

2 DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES

Secretary to the Commission President of the Commission

(H.C. KRÜGER) (C.A. NØRGAARD)