Nsona v. The Netherlands (63/1995/569/655) 28 November 1996
The Netherlands - refusal by Netherlands authorities to grant one of the applicants (a nine-year-old girl) access to Netherlands territory, removal of that applicant to Zaïre, separation of the two applicants
I. Article 3 of the Convention
A. General principles
Principles emerging from Court's case-law reiterated.B. The refusal to allow the child access to Netherlands territory
The Netherlands authorities were in principle entitled to refuse the child access to the country provided that such refusal was not inconsistent with the obligations of the respondent State under the Convention.C. The way in which the child's removal was effected
Separation of applicants cannot be imputed to the respondent State.On the facts of the case, the way in which removal was effected did not constitute treatment of such a nature as to make it "inhuman or degrading" as these expressions are to be understood in the context of Article 3.
D. The risk to which the child was exposed upon return in Zaïre
Given the fact that arrangements were made — although by Swissair and not by the Netherlands government — for applicant to be met at Kinshasa Airport and that these proved adequate, there is insufficient ground for reproaching the Netherlands Government for not having acted with due diligence.
Conclusion: no violation (eight votes to one).
II. Article 8 of the Convention
A. The Government's preliminary objection (loss of victim status)
Decisions of national authorities put an end to the situation complained of by the applicants - however, it does not appear that these decisions were intended to put an end to, and afford redress for, any violation of the Convention - they did not reverse or compensate for any of the measures which led to the applicants' separation - far from acknowledging a violation, the Government maintained before the Court that no breach of Article 8 had taken place.Conclusion: preliminary objection dismissed (unanimously).