CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 13 juillet 1990

.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. 16557/90                       by S. M., H. A. and H. A.                       against the Netherlands             The European Commission of Human Rights sitting in private on 13 July 1990, the following members being present:                 MM. J.A. FROWEIN, Acting President                   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              Mr.   F. MARTINEZ RUIZ              Mrs.   J. LIDDY              MM.   L. LOUCAIDES                   J.-C. GEUS                   A.V. ALMEIDA RIBEIRO                Mr.   J. RAYMOND, Deputy 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 2 May 1990 by S. M., H. A. and H. A. against the Netherlands and registered on 3 May 1990 under file No. 16557/90;           Having regard to the report provided for in Rule 40 of the Rules of Procedure of the Commission;           Having deliberated;           Decides as follows:           The applicants are Lebanese nationals born in 1964, 1970 and 1971 respectively.   At the time of introduction of this application they were detained in the special detention centre for asylum seekers at Schiphol-Oost, the Netherlands.   Before the Commission they are represented by Mr. Th. Spijkerboer, a lawyer practising in Zaandam.           The applicants complained that the Netherlands wished to expel them to Lebanon where they faced a real risk of being tortured or executed due to their involvement in the civil war as young able-bodied men.   They invoked Article 3 of the Convention.           On 3 May 1990 the President of the Commission made a provisional indication under Rule 36 of the Commission's Rules of Procedure that, in case the President of the Regional Court (Arrondissementsrechtbank) of Haarlem should reject the applicants'request for suspensive effect of their appeals, it was desirable that the Netherlands should not expel the applicants to Lebanon pending the Commission's examination of the case.           On 8 May 1990 the President of the Regional Court adjourned the examination of the summary proceedings to await the decision of the Commission in the similar Applications Nos. 16400/90, 16405/90 and 16454/90.           On 10 May 1990 the Commission decided not to prolong the indication under Rule 36 in the present case.           By letter of 11 July 1990 the applicants' representative informed the Commission that, in the light of the Commission's decisions in a number of similar cases, where the Commission found no appearance of a violation of Article 3 of the Convention, the present applicants had withdrawn their summary proceedings.   They have subsequently been expelled to Lebanon.   The applicants' representative further indicated that the applicants wished to withdraw their application before the Commission.           Having regard to Article 30 para. 1 (a) of the Convention, the Commission notes that the applicants do not intend to pursue this petition.   It finds no special circumstances regarding respect for Human Rights as defined in the Convention which require the continuation of the examination of the application, in accordance with Article 30 para. 1 in fine of the Convention.             For these reasons, the Commission           DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES     Deputy Secretary to the Commission     Acting President of the Commission               (J. RAYMOND)                          (J.A. FROWEIN)