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M.N. v. THE UNITED KINGDOM

Doc ref: 15934/89 • ECHR ID: 001-721

Document date: June 8, 1990

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M.N. v. THE UNITED KINGDOM

Doc ref: 15934/89 • ECHR ID: 001-721

Document date: June 8, 1990

Cited paragraphs only

Application No. 15934/89

by M.N.

against the United Kingdom

The European Commission of Human Rights sitting in private on

8 June 1990, the following members being present:

MM. C.A. NØRGAARD, President

E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.C. SOYER

H. DANELIUS

Sir Basil HALL

MM. F. MARTINEZ

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 21 December

1989 by M.N. against the United Kingdom and registered on 22 December

1989 under file No. 15934/89;

Having regard to:

- reports provided for in Rule 40 of the Rules of Procedure of

the Commission;

- the President's decision of 22 December 1989 to bring

the application to the notice of the respondent Government

and invite them to submit written observations on its

admissibility and merits;

- the information provided by the respondent Government on

3 April 1990;

- the response of the applicant on 3 April and 11 May 1990;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a citizen of Zaire, born in 1958. At the

time of lodging his application he was detained in Latchmere Detention

Centre awaiting removal to Zaire. He is represented before the

Commission by Ms. Louise Christian, Solicitor, Messrs. Christian

Fisher & Co., London.

The applicant complained to the Commission that he would be

the victim of a violation of Article 3 of the Convention if he were

removed to Zaire. He claimed to have been severely tortured in the

recent past in that country and that he was a genuine political

refugee who had a well-founded fear of persecution if returned as he

would be likely to be detained and tortured there again.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 21 December 1989 and

registered the next day. On 22 December 1989 the President of the

Commission, after examining the question of the admissibility of the

application, decided, in accordance with Rules 28 para. 3 and 42 para.

2 (b) of the Rules of Procedure, that notice should be given to the

respondent Government of the application and that it should be invited

to submit written observations on admissibility and merits. The

Government informed the Commission by letter of 3 April 1990 that the

applicant's case had been reconsidered and that he had been granted

exceptional leave to remain in the United Kingdom. This same

information was provided by the applicant's representatives in a

letter also dated 3 April 1990. On 11 May 1990 the applicant's

representatives informed the Commission that the applicant no longer

wished to pursue an application to the Commission.

REASONS FOR THE DECISION

The Commission notes that the applicant has now been allowed

to remain in the United Kingdom and that he wishes to withdraw his

application to the Commission. It concludes, therefore, that the

applicant does not intend to pursue further his petition, the factual

basis of which has been resolved, within the meaning of Article 30

para. 1 (a) and (b) of the Convention. Moreover, the Commission finds

no reasons of a general character affecting respect for Human Rights,

as defined in the Convention, which require the further examination of

the case by virtue of Article 30 para. 1 in fine of the Convention.

For these reasons, the Commission

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

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