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S. L. v. NORWAY

Doc ref: 16648/90 • ECHR ID: 001-1496

Document date: February 10, 1993

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S. L. v. NORWAY

Doc ref: 16648/90 • ECHR ID: 001-1496

Document date: February 10, 1993

Cited paragraphs only



                      Application No. 16648/90

                      by S.L.

                      against Norway

      The European Commission of Human Rights (Second Chamber) sitting

in private on 10 February 1993, 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

                 J.-C. GEUS

           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 27 December 1989

by S.L. against Norway and registered on 31 May 1990 under file No.

16648/90;

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

of Procedure of the Commission;

      Having regard to the observations submitted by the respondent

Government on 7 July 1992, the observations in reply submitted by the

applicant on 26 August 1992 and his letter of 5 January 1993;

      Having deliberated;

      Decides as follows:

THE FACTS

      The applicant is a Norwegian citizen, born in 1944. He resides

in Oslo. Before the Commission he is represented by Messrs. Alf and

Svein Harald Nordhus, lawyers practising in Oslo.

      The application concerns, in so far as it has not been declared

inadmissible, the length of the criminal proceedings, instituted

against the applicant in 1983, ending on 18 August 1989 when the

Supreme Court (Høyesterett) rejected the applicant's appeal. The

applicant complained that his case was not determined within a

reasonable time in the meaning of Article 6 para. 1 of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

      The application was introduced on 27 December 1989 and registered

on 31 May 1990.

      On 1 April 1992 the Commission decided to bring the application

to the notice of the respondent Government in so far as it concerned

the length of the criminal proceedings, inviting them to submit written

observations on the admissibility and merits of this particular

complaint. The remainder of the application, as submitted under

Articles 3, 5, 6, 7, 8, 9, 11, and 14 of the Convention and Article 1

of Protocol No. 1 to the Convention, was declared inadmissible.

      The Government's observations, in which they maintained that the

applicant's complaint concerning the length of the proceedings was

manifestly ill-founded and therefore inadmissible, were submitted on

7 July 1992. The applicant's observations in reply, in which he

questioned the relevance of pursuing the length issue further, were

submitted on 26 August 1992.

      By letter of 5 January 1993 the applicant informed the Commission

that he wanted to withdraw the remainder of the application since he

did not intend to pursue the length of proceedings issue any further.

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 the

remaining part of his petition. Furthermore, 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.

      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)

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