THIRD SECTION

DECISION

Application no. 6781/06 by Mohamed ISSE SECK against the Netherlands

The European Court of Human Rights (Third Section), sitting on 10 May 2011 as a Chamber composed of:

Josep Casadevall , President, Corneliu Bîrsan , Egbert Myjer , Ján Šikuta , Ineta Ziemele , Nona Tsotsoria , Kristina Pardalos , judges, and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above application lodged on 17 February 2006,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Mohamed Isse Seck, was a Somali national who was born in 1964 and live d in Tilburg . He was represented before the Court by Mrs L. Vellenga-van Nieuwkerk, a lawyer practising in Alkmaar . The Dutch Government (“the Government”) were represented by their Agent, Mr R.A.A. Böcker, of the Ministry for Foreign Affai rs.

The applicant complained that his expulsion to Somalia would expose him to a real risk of being subjected to treatment in breach of Article 3 of the Convention.

On 17 February 2006 the Acting President of the Section decided, in the interests of the parties and the proper conduct of the proceedings before the Court, to indicate to the Government, under Rule 39 of the Rules of Court, that the applicant should not be expelled to Somalia until 3 March 2006. On 2 March 2006 the C ourt decided to prolong this interim measure until further notice. At the same time the Court decided , under Rule 54 § 2 (b), to give notice to the Government of the applicant ’ s complaint detailed above but that the Government should not, at that stage, be invited to submit written observations on the admissibility and merits of the case .

By letter s of 20 October 2010 and 28 February 2011 the applicant ’ s representative informed the Registry that the applicant had died , that no relatives or heirs had been traced, and that she (the representative) agreed to the case being struck out of the Court ’ s list of cases.

THE LAW

In the light of the foregoing, the Court concludes that no heirs of the applicant have come forward expressing a wish to pursue the application within the meaning of Article 37 § 1 of the Convention.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Marialena Tsirli Josep Casadevall Deputy Registrar President