Zygadlo and Narog v. San Marino



Application No. 25425/94

by Jan ZYGADLO and Malgorzata NAROG

against San Marino

The European Commission of Human Rights sitting in private on

13 April 1995, the following members being present:

MM. C.A. NØRGAARD, President

C.L. ROZAKIS

E. BUSUTTIL

G. JÖRUNDSSON

S. TRECHSEL

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

Mrs. G.H. THUNE

Mr. F. MARTINEZ

Mrs. J. LIDDY

MM. L. LOUCAIDES

J.-C. GEUS

M.P. PELLONPÄÄ

B. MARXER

M.A. NOWICKI

B. CONFORTI

I. BÉKÉS

J. MUCHA

D. SVÁBY

G. RESS

Mr. M. de SALVIA, Deputy 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 4 October 1994 by

Jan ZYGADLO and Malgorzata NAROG against San Marino and registered on

14 October 1994 under file No. 25425/94 ;

Having regard to the report provided for in Rule 47 of the Rules

of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The applicants, a married couple, born respectively in 1962 and

1963, are Polish citizens, residing in San Marino.

Before the Commission they are represented by Ms. Antonella

Mularoni, a lawyer practising in San Marino.

The facts of the case, as they have been submitted by the

applicants, may be summarised as follows.

On 22 August 1994 the Government of San Marino issued an

deportation order against the applicants. On 15 September the

applicants appealed against this decision and requested, pending the

appeal proceedings, the suspension of the deportation order.

By a letter of 20 March 1995 the applicants' lawyer informed the

Commission that the Government had granted the applicants a residence

and work permit.

COMPLAINTS

The applicants complain of the deportion order and invoke

generally the Convention and Protocol No. 7.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 4 October 1994 and registered

on 14 October 1994. The applicants requested the Commission to stay

their deportation until their application had been examined by the

Commission.

On 14 October 1994 the Commission decided not to indicate to the

Government of San Marino, pursuant to Rule 36 of the Commission's Rules

of Procedure, the measure suggested by the applicants, but to give

notice of the introduction of the application to the respondent

Government in accordance with Rule 46 of the Commission's Rules of

Procedure.

REASONS FOR THE DECISION

The Commission notes that the applicants were granted a residence

and work permit in San Marino and, by a letter of 20 March 1995,

expressed the wish to withdraw their application.

The Commission concludes under Article 30 para. 1 (a) of the

Convention that the applicants no longer intend to pursue their

petition. It further considers that respect for Human Rights as defined

in the Convention does not require the continued examination of the

application.

For these reasons, the Commission, unanimously,

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.

Deputy Secretary President

to the Commission of the Commission

(M. de SALVIA) (C.A. NØRGAARD)