CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 9 juillet 1991

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }  Application No. 13921/88               Application No. 13922/88 by Sousan MOSLEMI                      by Maziyar Shafie HAGSHNAS against the Netherlands                against the Netherlands             The European Commission of Human Rights sitting in private on 9 July 1991, the following members being present:                 MM. C.A. NØRGAARD, President                   J.A. FROWEIN                   S. TRECHSEL                   F. ERMACORA                   G. SPERDUTI                   E. BUSUTTIL                   A.S. GÖZÜBÜYÜK                   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 No. 13921/88 introduced on 14 April 1988 by Sousan MOSLEMI against the Netherlands and registered on 9 June 1988 and to the application No. 13922/88 introduced on 15 April 1988 by Maziyar Shafie HAGSHNAS against the Netherlands and registered on 9 June 1988;           Having regard to the report provided for in Rule 47 of the Rules of Procedure of the Commission;           Having deliberated;           Decides as follows:   13921/88, 13922/88   THE FACTS           The facts as submitted by the parties may be summarised as follows.           The applicants are Iranian citizens.   The first applicant was born in 1964 and resides in Zaandam, the Netherlands.   The second applicant was born in 1966 and resides in Maastricht, the Netherlands. Before the Commission they are represented by Mr.   R.J. Hamerslag, a lawyer practising in Amsterdam.           The applicants entered the Netherlands on 24 April 1987 at Schiphol, the Dutch national airport.   The following day they made a request to be admitted as refugees.   On 12 and 13 May 1987 respectively, the Deputy Minister of Justice decided that they were not allowed to enter the country.   They were taken to a special centre at Schiphol airport for asylum seekers pending the decision whether or not they would be granted refugee status and permission to enter the Netherlands.   This centre is a limited security area at the airport under permanent surveillance of the police.   It is only possible to leave the centre by leaving the country or entering it, once a residence permit has been granted.           On 21 May 1987, the applicants requested the Deputy Minister of Justice to review the decisions of 12 and 13 May.   To prevent deportation, they instituted summary proceedings (kort geding) before the President of the Regional Court (Arrondissementsrechtbank) of Haarlem.   They withdrew these proceedings after the Deputy Minister had decided to grant suspensive effect to their request for revision and they had been allowed into the country on 8 June 1987.           In the meantime they requested the Regional Court to declare their placement at the centre at Schiphol airport unlawful and to release them on the basis of Articles 40 and 41 of the Aliens Act (Vreemdelingenwet).   They moreover claimed damages for wrongful detention.   By order of 5 June 1987 the Regional Court declared the request inadmissible on the ground that their placement at the centre at Schiphol airport did not constitute detention within the meaning of Articles 19 and 26 of the Aliens Act.   They appealed against this decision to the Court of Appeal (Gerechtshof) of Amsterdam which upheld the order of the Regional Court on 22 October 1987.           The first applicant received a residence permit for humanitarian reasons on 13 November 1987.   The second applicant was granted the status of refugee in July 1989.     COMPLAINTS           The applicants complain under Article 5 para. 1 (f) of the Convention that they have been unlawfully detained at the centre at Schiphol airport.           They also submit that contrary to Article 5 para. 4 of the Convention they were denied access to court in order to obtain a decision on the lawfulness of their detention.           Finally, they claim compensation for their unlawful detention. 13921/88, 13922/88   PROCEEDINGS BEFORE THE COMMISSION           The applications were introduced on 14 and 15 April 1988 respectively and both were registered on 9 June 1988.           On 4 December 1989 the Commission decided to join the applications and to communicate them to the respondent Government and invite them to submit written observations on the admissibility and the merits of the applications.           The Government's observations were received by letter dated 16 February 1990 and the applicants' observations were dated 20 April 1990.     REASONS FOR THE DECISION           Having regard to Article 30 para. 1 (c) of the Convention, the Commission notes that the applicants have been released from the reception centre and that they have been granted a residence permit and the status of refugee respectively.   Moreover, the Commission notes that the applicants can claim compensation for their detention on the basis of Article 40 of the Aliens Act, relying in this respect on a judgment by the Supreme Court of 9 December 1988 declaring this kind of detention unlawful.   The Commission finds no special circumstances in respect of 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)