FOURTH SECTION

DECISION

Application no. 22934/17 Ahmed HERSI MUHYADIN and others against Hungary

The European Court of Human Rights (Fourth Section), sitting on 28 November 2017 as a Committee composed of:

Faris Vehabović , President, Carlo Ranzoni , Péter Paczolay , judges,

and Andrea Tamietti, Deputy Section Registrar ,

Having regard to the above application lodged on 24 March 2017,

Having regard to the interim measure indicated to the respondent Government under Rule 39 of the Rules of Court,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. A list of the applicants and their nationalities is set out in the appendix. They were represented by Ms B. Pohárnok , a lawyer practising in Budapest.

2. The Hungarian Government (“the Government”) were represented by their Agent, Mr Z. Tallódi , Ministry of Justice.

3. The applicants, all minors at the time of the introduction the application, complained of their possible transfer to the guarded transit zone situated on the border between Hungary and Serbia. In their view, the impending measure would have amounted to inhuman treatment in breach of Article 3 read alone and in conjunction with Article 13 as well as to an unjustified deprivation of liberty resulting in violations of Article 5 §§ 1 and 4 of the Convention.

4. On 27 March 2017 an interim measure was indicated to the respondent Government under Rule 39 of the Rules of Court, requesting them not to transfer the applicants to the transit zone for the duration of the proceedings before the Court.

5. On 29 June 2017 the application was communicated to the Government under Articles 3, 5 (§§ 1 and 4) and 13 of the Convention. The Government submitted their observations on 11 September 2017.

6. On 25 October 2017 the applicants ’ representative informed the Court that since their transfer to the transit zone had not occurred, the applicants wished to withdraw their application.

THE LAW

7. In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.

8. In view of the above, it is appropriate to discontinue the application of Rule 39 of the Rules of Court and to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to discontinue the application of Rule 39 of the Rules of Court;

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

Done in English and notified in writing on 21 December 2017 .

Andrea Tamietti Faris Vehabović              Deputy Registrar President

Appendix

List of applicants