CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 10 octobre 1994

.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. 21177/93                       by P.M.                       against the United Kingdom         The European Commission of Human Rights sitting in private on 10 October 1994, the following members being present:              MM.    C.A. NØRGAARD, President                  S. TRECHSEL                  A. WEITZEL                  F. ERMACORA                  E. BUSUTTIL                  G. JÖRUNDSSON                  A.S. GÖZÜBÜYÜK                  J.-C. SOYER                  H.G. SCHERMERS                  H. DANELIUS            Mrs.   G.H. THUNE            MM.    F. MARTINEZ                  C.L. ROZAKIS            Mrs.   J. LIDDY            MM.    L. LOUCAIDES                  J.-C. GEUS                  M.P. PELLONPÄÄ                  G.B. REFFI                  M.A. NOWICKI                  I. CABRAL BARRETO                  B. CONFORTI                  N. BRATZA                  I. BÉKÉS                  J. MUCHA                  E. KONSTANTINOV                  D. SVÁBY                  G. RESS              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 30 November 1992 by P.M. against the United Kingdom and registered on 20 January 1993 under file No. 21177/93;         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 facts as submitted by the applicant may be summarised as follows.         The applicant is an Irish citizen born in 1952 and currently serving a sentence of life imprisonment in HM Prison Maghaberry in Northern Ireland. The applicant is represented by Martin Donaghy, a solicitor practising in Dungannon.         The applicant was convicted of murder in or about January 1979 and was sentenced to mandatory life imprisonment.         The applicant's sentence was reviewed by the Life Sentence Review Board ("the Board") after he had served ten years. The Board decided to defer the case for another five years.         On 24 June 1992, the Board reviewed the applicant's case. On 1 July 1992, the applicant was informed that the Board had deferred the case for another year. He subsequently learned that the co-defendant at his trial, who also was convicted of murder and received a mandatory life sentence, had been recommended for release by the Board.   COMPLAINTS         The applicant complained under Article 5 para. 4 of the Convention that the Life Sentence Review Board is insufficient to satisfy the requirement of judicial control of the lawfulness of the his detention.   PROCEEDINGS BEFORE THE COMMISSION         The application was introduced on 30 November 1992 and registered on 20 January 1993.         On 3 May 1993 the Commission decided to communicate the application without requesting observations from the respondent Government.         By letter dated 4 August 1994 the Secretariat of the Commission provided the applicant's representative with a copy of the judgment of the European Court of Human Rights in case of Wynne v. the United Kingdom (judgment of 18 July 1994, to be published in Series A no. 294- A) and requested the applicant's representative to inform the Commission whether, in light of that judgment, the applicant wished to maintain his application.         By letter dated 18 August 1994 the applicant's representative informed the Commission that the applicant does not wish to continue further with the application.   REASONS FOR THE DECISION         Having regard to Article 30 para. 1 (a) of the Convention, the Commission notes that the applicant does not intend to pursue his application in light of the aforementioned Wynne judgment. Moreover, in accordance with Article 30 para. 1 in fine of the Convention, the Commission finds no special circumstances regarding respect for human rights as defined in the Convention which require the examination of the application to be continued.         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)