G. v. SWITZERLAND
Doc ref: 16246/90 • ECHR ID: 001-801
Document date: December 10, 1990
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Application No. 16246/90
by G.
against Switzerland
The European Commission of Human Rights sitting in private
on 10 December 1990, the following members being present:
MM. C.A. NØRGAARD, President
J.A. FROWEIN
S. TRECHSEL
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
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 16 February 1990
by G. against Switzerland and registered on 7 March 1990 under file
No. 16246/90;
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 is a Turkish citizen born in 1956. His current
residence is unknown. Before the Commission he is represented by
Mrs. V. Gessler, a lawyer practising at Pratteln in Switzerland.
The applicant complained under Article 3 of the Convention of
his imminent expulsion to Turkey. He claimed that this expulsion
would endanger his health and that upon return he would be submitted
to torture or inhuman treatment. The applicant complained under
Article 6 of the Convention of the unfairness of the asylum
proceedings.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 16 February 1990 and
registered on 7 March 1990.
On 16 March 1990 the Commission decided not to apply Rule 36
of the Commission's Rules of Procedure. The Commission also decided
to adjourn the case, awaiting the applicant's further submissions.
By letter of 25 September 1990 the applicant informed the
Commission that he would withdraw the application in view of efforts
which were being undertaken in the Canton of Lucerne in Switzerland to
grant him a residence permission on humanitarian grounds.
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. 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)
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