N.K. v. the Netherlands

FOURTH SECTION

Application no. 58572/14 N.K. against the Netherlands

The European Court of Human Rights (Fourth Section), sitting on 6 June 2019 as a Committee composed of:

Stéphanie Mourou-Vikström, President, Georges Ravarani, Jolien Schukking, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 21 August 2014,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr N.K., was born in 1982.

He was represented before the Court by Ms F.M. Holwerda a lawyer practising in Amsterdam.

The applicant’s complaint under Article 3 of the Convention concerning his removal to Sudan was communicated to the Dutch Government (“the Government”). On 23 November 2018 the Government informed the Court that the applicant had moved to Germany where he had been granted a residence permit. They requested the Court to strike the application out of the list of pending cases. On 3 December 2018 the applicant was requested to submit comments.

By letter dated 19 February 2019, sent by registered post, the applicant was notified that the period allowed for submission of his comments had expired without any comments having been filed. A new time-limit for submitting comments was fixed and the applicant’s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. This new time-limit expired on 12 March 2019. However, to date no response has been received.

THE LAW

In the light of the foregoing, the Court concludes that the applicant may be regarded as no longer wishing to pursue the application (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 the Protocols thereto which require the continued examination of the application.

Accordingly, the case should be struck out of the list.

For these reasons, the Court, unanimously,

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

Done in English and notified in writing on 27 June 2019.

Liv Tigerstedt Stéphanie Mourou-Vikström Acting Deputy Registrar President