J. v. the Netherlands



Application No. 14767/89

by J.

against the Netherlands

The European Commission of Human Rights sitting in private

on 11 July 1991, 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

Mrs. G. H. THUNE

Sir Basil HALL

MM. F. MARTINEZ RUIZ

C.L. ROZAKIS

Mrs. J. LIDDY

MM. L. LOUCAIDES

J.-C. GEUS

M.P. PELLONPÄÄ

B. MARXER

Mr. H.C. KRÜGER, 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 14 March 1989

by J. against the Netherlands and registered on 15 March

1991 under file No. 14767/89;

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 applicant is a Gambian citizen, born in 1962. Before the

Commission she is represented by Mr. P.J.W. Kolkert, a lawyer

practising in Amsterdam.

The applicant's husband was allegedly involved in an attempt

to overthrow the Government in the Gambia in 1981. He left the Gambia

in 1985. In January 1987 she was detained and allegedly abused for a

week by the Gambian authorities in order to obtain information on her

husband's whereabouts. On 13 March 1987 the applicant arrived in the

Netherlands, where she applied for political asylum. Her request was

rejected on 3 February 1988 whereas her request for an injunction in

order to prevent her expulsion was rejected on 9 March 1989 by the

President of the Regional Court (Arrondissementsrechtbank) of

Amsterdam in summary proceedings.

COMPLAINTS

The applicant complained that the Dutch authorities had

refused to grant her political asylum. A possible expulsion to the

Gambia would, according to the applicant constitute a violation of

Article 3 of the Convention, as this would expose her again to the

risk of ill-treatment by the Gambian authorities.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 14 March 1989 and registered

on 15 March 1989. The applicant's request for a ruling under Rule 36

of the Commission's Rules of Procedure was rejected by the Commission

on 16 March 1989.

By letter of 19 August 1989 the applicant's representative

informed the Commission that the applicant wished to withdraw the

application.

REASONS FOR THE DECISION

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

Commission notes that the applicant does not intend to pursue her

application. It finds no special circumstances regarding respect for

human rights as defined in the Convention which require examination of

the application to be continued, in accordance with Article 30 para. 1

in fine of the Convention.

For these reasons, the Commission unanimously

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.

Secretary to the Commission President of the Commission

(H.C. KRÜGER) (C.A. NØRGAARD)