A.L. v. THE NETHERLANDS
Doc ref: 13988/88 • ECHR ID: 001-696
Document date: July 2, 1990
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Application No. 13988/88
by A.L.
against the Netherlands
The European Commission of Human Rights sitting in private
on 2 July 1990, the following members being present:
MM. C.A. NØRGAARD, President
S. TRECHSEL
F. ERMACORA
E. BUSUTTIL
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.-C. SOYER
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
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 9 May 1988
by A.L. against the Netherlands and registered on 28 June 1988 under
file No. 13988/88;
Having regard to the report provided for in Rule 40 of the
Rules of Procedure of the Commission;
Having deliberated;
Decides as follows:
The applicant is a Chilean national, born in 1967 and residing
in the Netherlands. Before the Commission he is represented by Mr.
Th. Spijkerboer, a lawyer practising in Zaandam, the Netherlands.
The applicant complained that he had been detained unlawfully
at the special refugee detention centre at Schiphol, Amsterdam airport
when he entered the Netherlands there, at the end of 1987. He also
complained that he was denied access to a court in order to have the
lawfulness of his detention determined. He invoked Article 5 paras. 1
(f) and 4 of the Convention.
The Commission joined this application to Applications Nos.
13921/88 and 13922/88 and, on 4 December 1989, brought these
applications to the attention of the Netherlands Government and
invited them to submit written observations on their admissibility and
merits.
By letters of 18 April and 18 May 1990, the applicant's
representative informed the Commission that the applicant had reached
a settlement with the respondent Government, who had agreed to pay the
applicant 50 Dutch guilders per day by way of compensation for his
period spent in detention. The applicant stated that he wished to
withdraw the application.
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
1. DECIDES TO DISJOIN THE PRESENT APPLICATION FROM
APPLICATIONS NOS. 13921/88 AND 13922/88;
2. 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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