Decision of Court (Third Section Committee), March 17, 2015 (case A.N. AND L.K. v. THE NETHERLANDS)

JudgeVERBAAS F.-W.
Resolution DateMarch 17, 2015
Issuing OrganizationCourt (Third Section Committee)

THIRD SECTION

DECISION

Application no. 29043/14A.N. and L.K.against the Netherlands

The European Court of Human Rights (Third Section), sitting on 17 March 2015 as a Committee composed of:

             Luis López Guerra, President,              Johannes Silvis,              Valeriu Griţco, judges,

and Marialena Tsirli, Deputy Section Registrar,

Having regard to the above application lodged on 15 April 2014,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

  1. The applicants, Mr A.N. and Mrs L.K., are a married couple, hailing from the Republic of Ingushetia in Russia. They were born in 1969 and 1976, respectively, and currently live in the Netherlands together with their three children. The President granted the applicants’ request for their identity not to be disclosed to the public (Rule 47 § 4 of the Rules of Court). They are represented before the Court by Mr F.-W. Verbaas, a lawyer practising in Alkmaar. The Dutch Government (“the Government”) were represented by their Agent, Mr R.A.A. Böcker, of the Ministry of Foreign Affairs.

  2. The applicants, whose requests for asylum in the Netherlands were rejected, complained that there were substantial grounds for believing that they would be subjected to treatment in breach of Article 3 of the Convention if they were expelled to Russia.

  3. On 24 April 2014 the Acting President of the Section decided, under Rule 39 of the Rules of Court, to indicate to the Government that it was desirable in the interest of the parties and the proper conduct of the proceedings before the Court not to expel the applicants to Russia until further notice. On 26 August 2014, the President decided that the Government should be invited to submit their written observations on the admissibility and merits of the case.

  4. On 9 October 2014 the Government informed the Court that the applicants had been granted a temporary residence permit for the...

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