THIRD SECTION<\/p>\n
DECISION<\/p>\n
Application no.8108\/18
\nA.R.B.
\nagainst the Netherlands<\/p>\n
The European Court of Human Rights (Third Section), sitting on 17\u00a0January 2019 as a Committee composed of:<\/p>\n
Dmitry Dedov, President,
\nAlena Pol\u00e1\u010dkov\u00e1,
\nJolienSchukking, judges,
\nand Liv Tigerstedt, Acting Deputy Section Registrar,<\/p>\n
Having regard to the above application lodged on 7\u00a0February 2018,<\/p>\n
Having deliberated, decides as follows:<\/p>\n
FACTS AND PROCEDURE<\/p>\n
The applicant, Mr A.R.B., is an Afghan national who was born in 1999. He was represented by Ms A.M. Veld, a lawyer practising in Drachten.<\/p>\n
The applicant\u2019s complaints under Article 3 of the Convention, concerning the treatment to which he feared he would be subjected if he were returned to Afghanistan, were communicated to the Dutch Government (\u201cthe Government\u201d).<\/p>\n
Subsequently, the parties informed the Court that the applicant had been granted a residence permit enabling him to stay in the Netherlands. The Government requested the Court to strike the case out of its list of cases. The applicant was opposed to the case being struck out as he wished to receive compensation in relation to the fact that he had unjustly been living on the streets for 1.5 years.<\/p>\n
THE LAW<\/p>\n
The Court firstly observes that the applicant no longer faces a risk of being expelled to Afghanistan. Secondly, it reiterates that Article 41 of the Convention allows it to award just satisfaction to the \u201cinjured party\u201d only if it has previously \u201c[found] that there has been a violation of the Convention or the Protocols thereto\u201d, which it has not in this case.<\/p>\n
In view of the above, the Court considers that it is no longer justified to continue the examination of the application (Article\u00a037 \u00a7\u00a01\u00a0(c)) 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 (Article\u00a037 \u00a7\u00a01 in fine).<\/p>\n
Accordingly, the application should be struck out of the list.<\/p>\n
For these reasons, the Court, unanimously,<\/p>\n
Decides to strike the application out of its list of cases in accordance with Article 37 \u00a7 1 (c) of the Convention.<\/p>\n
Done in English and notified in writing on 7 February 2019.<\/p>\n
Liv Tigerstedt\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Dmitry Dedov
\nActing Deputy Registrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n