F.D. ; N.D. v. Turkey



Application No. 14886/89

by F.D. and H.D.

against Turkey

The European Commission of Human Rights sitting in private

on 5 March 1990, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

F. ERMACORA

G. SPERDUTI

E. BUSUTTIL

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

H. DANELIUS

H. VANDENBERGHE

Mrs. G. H. THUNE

Sir Basil HALL

MM. F. MARTINEZ RUIZ

C.L. ROZAKIS

Mrs. J. LIDDY

MM. L. LOUCAIDES

Mr. J. RAYMOND, 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 5 April 1989 by

F.D. and H.D. against Turkey and registered on 12 April 1989 under

file No. 14886/89;

Having regard to the report provided for in Rule 40 of the

Rules of Procedure of the Commission;

Having deliberated;

Decides as follows:

The applicants are a husband and wife, of Iranian nationality,

born in 1961 and 1960 respectively. Before the Commission they are

represented by Mr. J. Groen, a lawyer practising in the Netherlands.

The applicants complained that Turkish authorities had taken

them into custody and were going to deport them to Iran, where they

expected to be subjected to inhuman treatment because of their

opposition to the Moslem fundamentalist Government. They also

complained that they had no legal remedies in Turkey to prevent their

deportation. They invoked Articles 3 and 13 of the Convention.

The Commission communicated this application to the respondent

Government on 12 April 1989. By letter of 21 September 1989, the

Government informed the Commission that they could not locate the

applicants. By letter of 14 December 1989, the applicants'

representative informed the Commission that the applicants had

departed from Turkey in order to re-settle in Canada, and that they

did not wish to maintain the application.

Having regard to Article 30 para. 1 (a) of the Convention, the

Commission notes that the applicants do not intend to pursue this

petition. It finds no special circumstances regarding respect for

Human Rights as defined in the Convention which require the

continuation of the examination of the application, in accordance with

Article 30 para. 1 in fine of the Convention.

For these reasons, the Commission

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES

Deputy Secretary to the Commission President of the Commission

(J. RAYMOND) (C.A. NØRGAARD)