CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 30 juin 1997

.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. 33999/96                       by Mohamed BADAWI and Tareq AL NAZIR                       against Italy           The European Commission of Human Rights sitting in private on 30 June 1997, the following members being present:              Mr.    S. TRECHSEL, President            Mrs.   G.H. THUNE            Mrs.   J. LIDDY            MM.    E. BUSUTTIL                  G. JÖRUNDSSON                  A.S. GÖZÜBÜYÜK                  A. WEITZEL                  J.-C. SOYER                  H. DANELIUS                  F. MARTINEZ                  C.L. ROZAKIS                  L. LOUCAIDES                  J.-C. GEUS                  M.P. PELLONPÄÄ                  M.A. NOWICKI                  I. CABRAL BARRETO                  B. CONFORTI                  N. BRATZA                  I. BÉKÉS                  J. MUCHA                  D. SVÁBY                  G. RESS                  A. PERENIC                  C. BÎRSAN                  P. LORENZEN                  K. HERNDL                  E. BIELIUNAS                  E.A. ALKEMA                  M. VILA AMIGÓ            Mrs.   M. HION            MM.    R. NICOLINI                  A. ARABADJIEV                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 28 November 1996 by Mohamed BADAWI and Tareq AL NAZIR against Italy and registered on 28 November 1996 under file No. 33999/96 ;         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 are nationals of the Sudan, where they were both practising lawyers. Before the Commission, they were represented by Ms Nuala Mole of the Aire Centre of London.         The applicants are registered active members of the Democratic Unionist Party (D.U.P.) of the Sudan, whose political activities have been banned by the regime.         The first applicant alleges that he was arrested in the Sudan by the Sudanese Secret Police on 1 November 1994 and was taken to a prison for about seven months until he was released on 5 May 1995. After being released, he continued his activities with the D.U.P. and as a result he was arrested again on the night of 21 October 1995 and taken to a special prison, where he remained until 6 April 1996. As a result of resuming his political activity, he was once more arrested and later released. At no time were any charges brought against him nor was any due process of law applied.         The applicants arrived in Italy on 3 October 1996 and in the United Kingdom on 7 October 1996, and made an asylum application in the latter country; the Secretary of State for the Home Office refused their applications and decided to send them back to Italy on the ground that the latter can be considered as a safe third country. On 10 October 1996 the applicants were granted legal aid to appeal to a Special Adjudicator. The relevant proceedings are currently pending.         The first applicant was sent back to Italy (Rome) on 5 November 1996 and did not make any application for asylum there.         On 15 November 1996 he was stopped by the Rome police and it was found that his documents were not in order. By a decree issued by the Prefect of the Province of Rome on the same day, his expulsion from Italy was ordered.         The Rome police were charged to carry out the expulsion order by summoning the applicant to leave the Italian territory crossing the border at Rome Fiumicino within fifteen days of the date of service or of full understanding of the decree. The applicant was notified of the expulsion order and of a translation into English thereof on 15 November 1996.         The applicant was then allegedly detained awaiting expulsion to be carried out on 29 November 1996. He was later released.         There is no document concerning the second applicant, who was allegedly stopped by the Italian police in Naples, notified of the expulsion order and subsequently detained awaiting expulsion.     COMPLAINTS         The applicants complained under Article 3 of the Convention about their imminent expulsion from Italy ; they alleged that they risk torture and inhuman and degrading treatment in the Sudan as they have been politically active against the Sudanese Government. They also complained under Article 13 of the Convention that they do not have any effective remedy at their disposal.   PROCEEDINGS BEFORE THE COMMISSION         On 28 November 1996 the applicants requested the Commission to apply Rule 36 of the Commission's Rules of Procedure. However, they could not submit any document supporting their allegations.         On the same day the President of the Commission decided to apply Rule 36 of the Commission's Rules of Procedure until the end of the Commission's session, in order to give the applicants the possibility of providing the necessary documents. The application was registered under No. 33999/96.         On 2 December 1996 the Italian Government gave the Secretariat of the Commission an undertaking not to deport the applicants pending the Commission's decision.         On 6 December 1996 the Commission decided not to prolong the application of Rule 36.         By a telefax of the same day, the applicants' representative withdrew from this case on the ground that she had lost contact with her clients.     REASONS FOR THE DECISION         The Commission recalls that the applicants, after the Commission's decision not to prolong the application of Rule 36 in the present case, have lost contact with their representative, who has therefore withdrawn from the case. Nor have the applicants thereafter contacted the Commission directly.         In these circumstances, the Commission finds that, having regard to Article 30 para. 1 (a) of the Convention, the applicants have lost interest in their application and no longer intend to pursue it before the Commission. Furthermore, in accordance with Article 30 para. 1 in fine, the Commission finds no special circumstances regarding respect for human rights as defined in the Convention which require the continuation of the examination of the present application.         For these reasons, the Commission, unanimously,         DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.           H.C. KRÜGER                          S. TRECHSEL          Secretary                             President      to the Commission                     of the Commission