R. v. Netherlands



Application No. 15902/89

by R.

against the Netherlands

The European Commission of Human Rights sitting in private

on 9 October 1990, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

F. ERMACORA

G. SPERDUTI

E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

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

A.V. ALMEIDA RIBEIRO

M.P. PELLONPÄÄ

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 12 December

1989 by R. against the Netherlands and registered on 13 December 1989

under file No. 15902/89;

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

Rules of Procedure of the Commission;

Having deliberated;

Decides as follows:

The applicant is a national of Sri Lanka of Tamil origin, born

in 1962. Before the Commission he is represented by Mr. J.T.A. Bos, a

lawyer practising in Utrecht, the Netherlands.

The applicant complained that the Netherlands was going to

deport him to Sri Lanka where he expected to be subjected to

ill-treatment due to his previous involvement in the civil war in that

country. He invoked Article 3 of the Convention.

The Commission communicated this application to the respondent

Government on 15 December 1989. By letter of 5 July 1990, the

Government requested the Commission to postpone the further

examination of this case pending a reconsideration by the Government.

By letter of 11 July 1990, the applicant's representative informed the

Commission that the applicant had been granted a residence permit and

wished to withdraw the application. By letter of 28 August 1990 the

respondent Government confirmed that the applicant had been granted a

residence permit.

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, 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)