CEDH · CASELAW;DECISIONS;ADMISSIBILITY;ENG — 12 octobre 1988

.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. 12501/86                       by L. and Others                       against the Federal Republic of Germany             The European Commission of Human Rights sitting in private on 12 October 1988, the following members being present:                 MM. C.A. NØRGAARD, President                   J.A. FROWEIN                   S. TRECHSEL                   F. ERMACORA                   E. BUSUTTIL                   A.S. GÖZÜBÜYÜK                   A. WEITZEL                   J.-C. SOYER                   H.G. SCHERMERS                   H. DANELIUS                   H. VANDENBERGHE              Mrs.   G.H. THUNE              Sir   Basil HALL              MM.   F. MARTINEZ                   C.L. ROZAKIS              Mrs.   J. LIDDY                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 29 September 1986 by A. and A. L. and Others against the Federal Republic of Germany and registered on 10 October 1986 under file No. 12501/86;           Having regard to the report provided for in Rule 40 of the Rules of Procedure of the Commission;           Having deliberated;           Decides as follows:     THE FACTS           The facts of the case, which do not appear to be in dispute between the parties, may be summarised as follows:           The first and second applicants, a boy born in 1973 and a girl born in 1976, are apparently nationals of Zaire and live at present at Bochum.   Before the Commission they were first represented by the "Sozialdienst Katholischer Frauen", a registered association at Bochum, which, for the purposes of lodging an application with the Commission, had been appointed a supplementary guardian (Pfleger) under German law.   In November 1986 the Bochum Youth Office (Jugendamt) was appointed supplementary guardian for the said purposes.           The "Sozialdienst Katholischer Frauen" has also lodged the application in its own name, but has in the meanwhile stated that it wishes to withdraw from the proceedings before the Commission as it is no longer the first and second applicants' supplementary guardian. The third applicant is now the children's home St.   Vinzenz, a registered association at Bochum.           The applicants are represented by Mr.   Peus, a lawyer practising at Bochum.           In 1981 the first and second applicants entered the Federal Republic of Germany together with their mother, who unsuccessfully requested to be granted asylum.   In 1982 the mother gave these applicants twice into the care of a children's home and since October 1982 they lived at the children's home of the third applicant.           On 24 May 1984 the Bochum District Court (Amtsgericht) issued a provisional order (einstweilige Anordnung) for the transfer of the custody of the first and second applicants to the "Sozialdienst Katholischer Frauen".           On 19 March 1985, following appeal proceedings, the Bochum Regional Court (Landgericht) quashed the decision of 24 May 1984.   The Court found that the conditions under the German Civil Code (Bürgerliches Gesetzbuch) for withdrawing the mother's custody of the first and second applicants and for placing them under statutory guardianship were not fulfilled.   The applicants' further appeal remained unsuccessful.   Their constitutional complaint (Verfassungsbeschwerde) was to no avail.           On 14 June 1987 the Bochum District Court withdrew the mother's custody of the first and second applicants.   The mother's appeal was dismissed by the Bochum Regional Court on 21 January 1988. The mother has apparently been expelled in the meantime.   COMPLAINTS           The first and second applicants complained that the custody decisions of 24 May 1984 and 19 March 1985 forced them to go back to Zaire where they must fear to die and where their mother will be unable to take due care of them.   They invoked Articles 2 para. 1, 5 para. 1, 8 para. 1   and 14 of the Convention and Article 2 para. 1 of Protocol No. 1.   They furthermore complained under Article 6 para. 1 of the Convention that the court proceedings were not fair. 12501/86   PROCEEDINGS BEFORE THE COMMISSION           The application was introduced on 29 September 1986 and registered on 10 October 1986.           On 12 December 1986 the Commission decided in accordance with Rule 42 para. 2 (b) of its Rules of Procedure to bring the application to the notice of the respondent Government and to invite them to submit written observations on its admissibility and merits.           The observations of the respondent Government were submitted on 6 March 1987.   The observations in reply were submitted by the applicants on 27 April 1987.           On 7 October 1987 the Commission decided to adjourn the further examination of the application until a decision was taken in the domestic appeal proceedings.           On 29 February 1988 the respondent Government informed the Commission about the progress in the domestic appeal proceedings.           By letter of 9 September 1988 the applicants expressed their wish to withdraw their application in view of the positive outcome of the domestic court proceedings (decisions of 14 June 1987 and 21 January 1988).   REASONS FOR THE DECISION           The Commission notes that the applicants wish to withdraw their application on the grounds that in the domestic court proceedings the custody of the first and second applicants was finally withdrawn from their mother.           The Commission considers that there are no reasons of a general character affecting the observance of the Convention which necessitate the further examination of this case.   The Commission, therefore, accepts the applicants' request to withdraw their application.        For these reasons, the Commission          DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES     Secretary to the Commission             President of the Commission           (H. C. KRUGER)                          (C. A. NØRGAARD)