CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 9 novembre 1993

.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 }       The Committee of Ministers, under the terms of Article 54 (art. 54) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),        Having regard to the judgment of the European Court of Human Rights in the Lamguindaz case delivered on 28 June 1993 and transmitted the same day to the Committee of Ministers;        Recalling that the case originated in an application against the United Kingdom lodged with the European Commission of Human Rights on 6 February 1990, under Article 25 (art. 25) of the Convention, by Mr Ahmed Lamguindaz, a Moroccan national, who alleged that his deportation from the United Kingdom violated Articles 8 and 14 (art. 8, art. 14) of the Convention;        Recalling that the case was brought before the Court by the Commission on 11 December 1992;        Whereas, in its judgment of 28 June 1993 the Court, after having taken formal note of a friendly settlement reached by the Government of the United Kingdom and the applicant and having found that there were no reasons of public policy justifying the continuation of the proceedings, decided unanimously to strike the case out of its list;         Whereas under the above-mentioned friendly settlement it was agreed as follows:        "Without any admission by the Government that a breach of      the Convention has occurred and on condition that the case      is withdrawn from the Court and no further cases are      instituted against the Government in respect of this matter      in any national or international court, the Government      propose to:             1.    revoke the deportation order against the                applicant;             2.    allow the applicant to re-enter the United                Kingdom;             3.    give the applicant indefinite leave to remain;             4.    allow the applicant to make an application for                naturalisation;             5.    pay the costs which the applicant has actually                and necessarily incurred and which are reasonable                as to quantum.";        Whereas the Government of the United Kingdom and the applicant have reached an agreement, of which the Court has taken formal note in its judgment of 28 June 1993, to the effect that the applicant should be reimbursed 8 398 pounds sterling and 2 pence for costs and expenses;        Recalling that Rule 49, paragraph 3, of the Court's revised Rules provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers in order to allow it to supervise, in accordance with Article 54 (art. 54) of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;        Having invited the Government of the United Kingdom to inform it of the measures taken for the execution of the undertakings attached to the solution of the case;        Having been informed by the Government of the United Kingdom that the deportation order against the applicant has been revoked, that the United Kingdom Consulate in Casablanca has granted the applicant a visa for indefinite leave to remain in the United Kingdom and that, upon his return to the United Kingdom, the applicant will be authorised to make an application for naturalisation;        Having satisfied itself that on 7 June 1993 the Government of the United Kingdom has paid the applicant the sum provided for in the friendly settlement,        Declares, after having taken note of the information supplied by the Government of the United Kingdom, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.