Application No. 42368/98

by Jeronimo GONZALEZ OCHOA

against Norway

The European Commission of Human Rights sitting in private on 29 October 1998, the following members being present:

MM S. TRECHSEL, President

J.-C. GEUS

M.P. PELLONPÄÄ

E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H. DANELIUS

Mrs G.H. THUNE

MM F. MARTINEZ

C.L. ROZAKIS

Mrs J. LIDDY

MM L. LOUCAIDES

B. MARXER

M.A. NOWICKI

I. CABRAL BARRETO

B. CONFORTI

I. BÉKÉS

D. SVÁBY

G. RESS

A. PERENIC

C. BÃŽRSAN

P. LORENZEN

E. BIELIUNAS

E.A. ALKEMA

M. VILA AMIGÓ

Mrs M. HION

MM R. NICOLINI

A. ARABADJIEV

Mr M. de SALVIA, 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 10 July 1998 by Jeronimo GONZALEZ OCHOA against Norway and registered on 23 July 1998 under file No. 42368/98;

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 citizen, born in 1971.

In 1996 the applicant was arrested on his arrival in Norway, suspected of drug smuggling. He was eventually convicted and sentenced to three years' imprisonment.

On 23 August 1998 the applicant was apparently released on parole and on 25 August 1998 he was escorted by police to Amsterdam.

COMPLAINT

The applicant complained that his allegedly forthcoming deportation to Colombia would violate Article 3 of the Convention in that he would risk being assassinated by the drug cartel which had commissioned his smuggling. This reprisal would be carried out in retaliation for his denunciation of other Colombian drug smugglers in Norway. He referred to a death threat expressed in an anonymous letter sent from Colombia as well as to an official statement by the Colombian authorities to the effect that they were unable to ensure his security.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 10 July 1998 and registered on 23 July 1998.

On 22 July 1998 the Acting President of the Commission decided, in pursuance of Rule 36 of the Rules of Procedure, to indicate to the respondent Government that it was desirable in the interests of the parties and the proper conduct of the proceedings before the Commission not to expel the applicant to Colombia until the Commission had been able to examine the application. The Acting President further requested the respondent Government to submit their observations on the admissibility and merits of the application. Observations were submitted by the Government on 20 August 1998, following which the applicant was invited to submit any observations in reply before 15 September 1998. He did not react.

In their additional observations of 15 September 1998 the Government confirmed that the applicant had left Norway on 25 August 1998. The Government submitted a letter of consent in which the applicant had agreed to being deported from Norway on certain terms.

On 18 September 1998 the Commission revoked the indication under Rule 36.

REASONS FOR THE DECISION

The applicant complained that his deportation to Colombia would violate Article 3 of the Convention.

The Commission finds no indication that the respondent Government actually deported the applicant to Colombia. On the contrary, he consented to being escorted out of Norway to the Netherlands. The Convention issue underlying his application thus appears to have been resolved. Nor is there any indication that he intends to pursue his application.             

In the above circumstances the Commission finds no reason of a general character affecting the respect for Human Rights, as defined in the Convention, which would require the further examination of the case. The Commission is therefore satisfied that the application can be struck out of the list in accordance with Article 30 paras. 1 (a) and (b) of the Convention.

For these reasons, the Commission, unanimously,

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

        M. de SALVIA                                            S. TRECHSEL

         Secretary                                                         President

      to the Commission                                   of the Commission