CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 10 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. 16401/90 by S. against the United Kingdom             The European Commission of Human Rights sitting in private on 10 July 1991, the following members being present:                   MM.   C.A. NØRGAARD, President                      J.A. FROWEIN                      S. TRECHSEL                      F. ERMACORA                      G. SPERDUTI                      A.S. GÖZÜBÜYÜK                      A. WEITZEL                      J.C. SOYER                      H.G. SCHERMERS                      H. DANELIUS                 Mrs.   G.H. THUNE                 Sir   Basil HALL                 MM.   F. MARTINEZ                      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 3 April 1990 by S. against the United Kingdom and registered on 5 April 1990 under file No. 16401/90;           Having regard to:        -   reports provided for in Rule 47 of the Rules of Procedure         of the Commission;        -   the Commission's decision of 16 May 1990 to bring the         application to the notice of the respondent Government         and invite them to submit written observations on its         admissibility and merits;        -   the observations submitted by the respondent Government         on 18 October 1990;        -   the information provided by the applicant's representatives         on 2 May 1991;           Having deliberated;           Decides as follows:   THE FACTS           The applicant is a British citizen of Kenyan origin who was born in 1945 and is resident in London.   He is represented before the Commission by Messrs.   Singh Karran and Co., Solicitors, Hounslow, Middlesex.           He originally complained to the Commission about his extradition on fraud charges to Kenya where he alleged he would receive an unfair trial.   He invoked Article 5 para. 1 (f) and Article 6 para. 1 of the Convention in particular, supplemented by claims under Articles 3, 6 paras. 2 and 3 (c) and 14.   He was extradited to Kenya on 30 May 1990.   According to the applicant's representatives he then spent almost a year in prison without any effective hearing and was released and allowed to return to the United Kingdom.   It is not clear on what basis he was released although he apparently suffered considerable ill-health in prison and the trial date was adjourned from time to time.     PROCEEDINGS BEFORE THE COMMISSION           The application was introduced on 3 April 1990 and registered on 5 April 1990.           After a preliminary examination of the case by the Rapporteur, the Commission considered the admissibility of the application on 16 May 1990.   The Commission decided to request the parties' observations on admissibility and merits, pursuant to Rule 42 para. 2 (b) of its Rules of Procedure (former version).   It also refused the applicant's request to indicate a stay of the applicant's extradition as an interim measure pursuant to Rule 36 of the Rules.           The Government lodged their observations on 18 October 1990 after two extensions of the time-limit fixed for their submission. The applicant did not submit any observations in reply.           On 2 May 1991 the applicant's representatives informed the Commission of the developments in the applicant's case in Kenya, of his release and his return to the United Kingdom.   They stated that although the applicant felt he had been the victim of a gross injustice, he did not wish to pursue the proceedings before the Commission any longer as they would no longer serve any useful purpose and he wished to put the whole matter behind him.     REASONS FOR THE DECISION           The Commission notes that the applicant has been released from prison in Kenya and has returned to live in the United Kingdom.   He wishes to put these matters behind him and, in effect, withdraws his application to the Commission.   In these circumstances, the Commission concludes that the applicant does not intend to pursue further his   petition, within the meaning of Article 30 para. 1 (a) of the Convention.   Moreover, it finds no reasons of a general character affecting respect for Human Rights, as defined in the Convention, which require the further examination of the case by virtue of 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)