O.T.D. proti Nizozemsku

FOURTH SECTION

DECISION

Application no. 49837/20
O.T.D.
against the Netherlands

The European Court of Human Rights (Fourth Section), sitting on 19 May 2022 as a Committee composed of:

Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 6 November 2020,

Having regard to the decision to grant the applicant anonymity, in accordance with Rule 47 § 4 of the Rules of the Court,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, who was born in 1988, is a Guinean single mother, who is currently residing in the Netherlands. She was represented by Ms J. Bravo Mougan, a lawyer practising in Amsterdam.

The applicant complained that her minor daughter would be subjected to female genital mutilation (‘FGM’) in Guinea and that their removal to Guinea would be in breach of Article 3 of the Convention. The complaint was communicated to the Dutch Government (“the Government”).

Subsequently, on 15 April 2022 the Government informed the Court that the applicant submitted a new request for international protection.

THE LAW

The Court notes that the applicant’s new asylum application will be examined in the Netherlands and that the risk of being removed to Guinea and potentially exposed to a risk of treatment in breach of Article 3 of the Convention there has therefore been removed for the foreseeable future. In these circumstances, the Court considers that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application under Article 37 § 1 in fine.

Accordingly, the application should be struck out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases.

Done in English and notified in writing on 9 June 2022.

Viktoriya Maradudina Armen Harutyunyan
Acting Deputy Registrar President