Search
document

Document text Analytics

P. ET AL. v. THE NETHERLANDS

Doc ref: 17532/90 • ECHR ID: 001-950

Document date: July 11, 1991

Inbound citations: 0
•
Cited paragraphs: 0
•
Outbound citations: 0

P. ET AL. v. THE NETHERLANDS

Doc ref: 17532/90 • ECHR ID: 001-950

Document date: July 11, 1991

Cited paragraphs only

Application No. 17532/90

by P. et al.

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 7 December 1990

by P. et al. against the Netherlands and

registered on 7 December 1990 under file No. 17532/90;

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 applicants of Chilean nationality are a family with four

children, all born in Chile respectively in 1953, 1961, 1977, 1979,

1981 and 1988. Before the Commission they are represented by F.C.J.M.

Buuron, a lawyer practising in Bergen op Zoom, the Netherlands.

On 1 June 1989 the applicants requested the Dutch authorities

to grant them refugee status and a residence permit. The first

applicant claimed that she had been arrested and tortured by the

Chilean Intelligence Service on two occasions. These requests were

refused by the Secretary of State for Justice on 25 July 1989.

On 1 September 1989 the applicants requested the Secretary of

State for Justice to reconsider these decisions. On 2 October 1989 the

Secretary of State decided that this request would have no suspensive

effect concerning the applicants' expulsion to Chile. On 5 June 1990

the President of the Regional Court (Arrondissementsrechtbank) of The

Hague in summary proceedings rejected the applicants' request to

prohibit the Dutch Government from expelling them to Chile.

COMPLAINTS

The applicants complained under Article 3 of the Convention

that their expulsion would involve the risk that the first applicant

would once again be subjected to torture. The applicants also

complained that the expulsion proceedings did not meet the

requirements of Article 6 para. 1 of the Convention, and that in this

respect they did not have an effective remedy within the meaning of

Article 13 of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced and registered on 7 December

1990. On 4 December 1990 the Commission rejected the applicants'

request for a ruling under Rule 36 of the Commission's Rules of

Procedure and decided to invite the parties, pursuant to Rule 48 para.

2 (a) of the Commission's Rules of Procedure, to submit further

information.

The respondent Government submitted the requested information

on 19 February 1991. By letter of 22 April 1991 the applicants'

representative informed the Commission that the applicants wished to

withdraw their application as in the meantime they had been allowed to

stay in the Netherlands.

REASONS FOR THE DECISION

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

Commission notes that the applicants do not intend to pursue their

application. 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

Lexploria AI Legal Assistant