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G. v. SWITZERLAND

Doc ref: 16246/90 • ECHR ID: 001-801

Document date: December 10, 1990

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G. v. SWITZERLAND

Doc ref: 16246/90 • ECHR ID: 001-801

Document date: December 10, 1990

Cited paragraphs only



                      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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