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S.M. ; H.A. ; H.A. v. THE NETHERLANDS

Doc ref: 16557/90 • ECHR ID: 001-707

Document date: July 13, 1990

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S.M. ; H.A. ; H.A. v. THE NETHERLANDS

Doc ref: 16557/90 • ECHR ID: 001-707

Document date: July 13, 1990

Cited paragraphs only

Application No. 16557/90

by S. M., H. A. and H. A.

against the Netherlands

The European Commission of Human Rights sitting in private

on 13 July 1990, the following members being present:

MM. J.A. FROWEIN, Acting President

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

Mr. F. MARTINEZ RUIZ

Mrs. J. LIDDY

MM. L. LOUCAIDES

J.-C. GEUS

A.V. ALMEIDA RIBEIRO

Mr. J. RAYMOND, Deputy 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 2 May 1990 by

S. M., H. A. and H. A. against the Netherlands and registered on 3 May

1990 under file No. 16557/90;

Having regard to the report provided for in Rule 40 of the

Rules of Procedure of the Commission;

Having deliberated;

Decides as follows:

The applicants are Lebanese nationals born in 1964, 1970 and

1971 respectively. At the time of introduction of this application

they were detained in the special detention centre for asylum seekers

at Schiphol-Oost, the Netherlands. Before the Commission they are

represented by Mr. Th. Spijkerboer, a lawyer practising in Zaandam.

The applicants complained that the Netherlands wished to expel

them to Lebanon where they faced a real risk of being tortured or

executed due to their involvement in the civil war as young

able-bodied men. They invoked Article 3 of the Convention.

On 3 May 1990 the President of the Commission made a

provisional indication under Rule 36 of the Commission's Rules of

Procedure that, in case the President of the Regional Court

(Arrondissementsrechtbank) of Haarlem should reject the

applicants'request for suspensive effect of their appeals, it was

desirable that the Netherlands should not expel the applicants to

Lebanon pending the Commission's examination of the case.

On 8 May 1990 the President of the Regional Court adjourned

the examination of the summary proceedings to await the decision of

the Commission in the similar Applications Nos. 16400/90, 16405/90 and

16454/90.

On 10 May 1990 the Commission decided not to prolong the

indication under Rule 36 in the present case.

By letter of 11 July 1990 the applicants' representative

informed the Commission that, in the light of the Commission's

decisions in a number of similar cases, where the Commission found no

appearance of a violation of Article 3 of the Convention, the present

applicants had withdrawn their summary proceedings. They have

subsequently been expelled to Lebanon. The applicants' representative

further indicated that the applicants wished to withdraw their

application before the Commission.

Having regard to Article 30 para. 1 (a) of the Convention, the

Commission notes that the applicants do 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

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES

Deputy Secretary to the Commission Acting President of the Commission

(J. RAYMOND) (J.A. FROWEIN)

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