CEDH · CASELAW;DECISIONS;ADMISSIBILITY;ENG — 11 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. 17532/90                       by P. et al.                       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                   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 introduced on 7 December 1990 by P. et al. against the Netherlands and registered on 7 December 1990 under file No. 17532/90;           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 of Chilean nationality are a family with four children, all born in Chile respectively in 1953, 1961, 1977, 1979, 1981 and 1988.   Before the Commission they are represented by F.C.J.M. Buuron, a lawyer practising in Bergen op Zoom, the Netherlands.           On 1 June 1989 the applicants requested the Dutch authorities to grant them refugee status and a residence permit.   The first applicant claimed that she had been arrested and tortured by the Chilean Intelligence Service on two occasions.   These requests were refused by the Secretary of State for Justice on 25 July 1989.           On 1 September 1989 the applicants requested the Secretary of State for Justice to reconsider these decisions.   On 2 October 1989 the Secretary of State decided that this request would have no suspensive effect concerning the applicants' expulsion to Chile.   On 5 June 1990 the President of the Regional Court (Arrondissementsrechtbank) of The Hague in summary proceedings rejected the applicants' request to prohibit the Dutch Government from expelling them to Chile.     COMPLAINTS           The applicants complained under Article 3 of the Convention that their expulsion would involve the risk that the first applicant would once again be subjected to torture.   The applicants also complained that the expulsion proceedings did not meet the requirements of Article 6 para. 1 of the Convention, and that in this respect they did not have an effective remedy within the meaning of Article 13 of the Convention.     PROCEEDINGS BEFORE THE COMMISSION           The application was introduced and registered on 7 December 1990.           On 4 December 1990 the Commission rejected the applicants' request for a ruling under Rule 36 of the Commission's Rules of Procedure and decided to invite the parties, pursuant to Rule 48 para. 2 (a) of the Commission's Rules of Procedure, to submit further information.           The respondent Government submitted the requested information on 19 February 1991.   By letter of 22 April 1991 the applicants' representative informed the Commission that the applicants wished to withdraw their application as in the meantime they had been allowed to stay in the Netherlands.   REASONS FOR THE DECISION           Having regard to Article 30 para. 1 (a) of the Convention, the Commission notes that the applicants do not intend to pursue their 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)