16246/90

 Application No. 16246/90 by G. against Switzerland The European Commission of Human Rights sitting in private on 10 December 1990, the following members being present: MM. C.A. NØRGAARD, President J.A. FROWEIN S. TRECHSEL F. ERMACORA G. SPERDUTI E. BUSUTTIL G. JÖRUNDSSON A.S. GÖZÜBÜYÜK A. WEITZEL J.-C. SOYER H.G. SCHERMERS H. DANELIUS Mrs. G. H. THUNE Sir Basil HALL MM. F. MARTINEZ RUIZ C.L. ROZAKIS Mrs. J. LIDDY MM. L. LOUCAIDES A.V. ALMEIDA RIBEIRO M.P. PELLONPÄÄ 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 16 February 1990 by G. against Switzerland and registered on 7 March 1990 under file No. 16246/90; 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 applicant is a Turkish citizen born in 1956. His current residence is unknown. Before the Commission he is represented by Mrs. V. Gessler, a lawyer practising at Pratteln in Switzerland. The applicant complained under Article 3 of the Convention of his imminent expulsion to Turkey. He claimed that this expulsion would endanger his health and that upon return he would be submitted to torture or inhuman treatment. The applicant complained under Article 6 of the Convention of the unfairness of the asylum proceedings. PROCEEDINGS BEFORE THE COMMISSION The application was introduced on 16 February 1990 and registered on 7 March 1990. On 16 March 1990 the Commission decided not to apply Rule 36 of the Commission's Rules of Procedure. The Commission also decided to adjourn the case, awaiting the applicant's further submissions. By letter of 25 September 1990 the applicant informed the Commission that he would withdraw the application in view of efforts which were being undertaken in the Canton of Lucerne in Switzerland to grant him a residence permission on humanitarian grounds. 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 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 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)