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E. v. THE NETHERLANDS

Doc ref: 17253/90 • ECHR ID: 001-948

Document date: July 11, 1991

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E. v. THE NETHERLANDS

Doc ref: 17253/90 • ECHR ID: 001-948

Document date: July 11, 1991

Cited paragraphs only

Application No. 17253/90

by E.

against the Netherlands

The European Commission of Human Rights sitting in private

on 11 July 1991, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

F. ERMACORA

G. SPERDUTI

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

M.P. PELLONPÄÄ

B. MARXER

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 29 August 1990

by E. against the Netherlands and registered on 3 October

1990 under file No. 17253/90;

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, born in 1952, is a Turkish citizen and resides

in Heerlen, the Netherlands. Before the Commission he is represented

by Ch. Geraedts, a lawyer practising in Brunssum, the Netherlands.

The applicant resides since 1980 in the Netherland and holds a

Dutch residence permit since 1985. His children from his marriage

dissolved in 1980 remained with the applicant's father in Turkey where

the applicant visited them twice a year and provided financial

assistance. Due to the age of the applicant's father the raising of

the children became increasingly difficult. Following the applicant's

remarriage to a Dutch woman, he took the children with him to the

Netherlands and applied for residence permits for them. These

requests were rejected on 27 November 1989 and the applicant's

requests for reconsideration of the decision were rejected on 9 April

1990 by the Deputy Minister of Justice. The applicant subsequently

requested the President of the Regional Court

(Arrondissementsrechtbank) of the Hague, in summary proceedings, to

prohibit the Dutch Government from expelling his children to Turkey.

In his judgment of 18 October 1990 the President of the Regional Court

prohibited the expulsion pending the proceedings before the

Commission.

COMPLAINT

The applicant complained that the expulsion of his two

children from the Netherlands would constitute a violation of Article

8 of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 29 August 1990 and

registered on 3 October 1990.

On 7 January 1991 the Commission decided to communicate the

application to the respondent Government and to invite them to submit

written observations on the admissibility and the merits of the

complaint.

By letter of 7 May 1991 the applicant's representative

informed the Commission that his client wishes to withdraw the

application as the applicant's children have been allowed to reside in

the Netherlands.

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 this

petition since his children have been granted a residence permit in

the Netherlands. It finds no special circumstances regarding respect

for human rights as defined in the Convention which require

examination of the application to be continued, 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)

LEXI

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