THIRD SECTION

DECISION

Application no . 404/11 Asiata MURAMA and Khady MURAMA against the Netherlands

The European Court of Human Rights (Third Section), sitting on 16 October 2012 as a Committee composed of:

Luis López Guerra, President, Egbert Myjer, Kristina Pardalos, judges, and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above application lodged on 15 December 2010,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants, Ms Asiata Murama and Ms Khady Murama, are Guinean nationals, who were born in 2001 and 1982 respectively and live in Bellingwolde. They were represented before the Court by Mr B.W.M. Toemen, a lawyer practising in Boxtel.

The Dutch Government (“the Government”) were represented by their Agent, Mr R.A.A. Böcker, of the Ministry of Foreign Affairs.

The applicants complained under Article 3 of the Convention that their expulsion to Guinea would expose them to a real risk of being subjected to treatment in violation of this provision.

On 14 June 2012 the Acting President of the Section decided to indicate to the Government of the Netherlands that it was desirable in the interests of the parties and the proper conduct of the proceedings before the Court not to expel the applicants to Guinea for the duration of the proceedings before it (Rule 39 of the Rules of Court). The Acting President further decided to give notice to the Government of the applicants ’ complaint detailed above (Rule 54 § 2 (b)).

By letter dated 13 September 2012 the applicants ’ representative informed the Court that the applicants wanted to withdraw the application since they had been granted asylum in the Netherlands after all.

THE LAW

The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine , the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case.

In view of the above, it is appropriate to lift the interim measure indicated under Rule 39 of the Rules of Court and 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 T sirli Luis López Guerra Deputy Registrar President