tedh gjua paralizadaexprule39 en

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  • 8/9/2019 TEDH Gjua Paralizadaexprule39 En

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    CEAR MADRIDSra Dña. Maria Elena MUÑOZ MARTINEZHnos. Garcia Noblejas, no 41, 8o

    E - 28037 MADRID

    ECHR-LE2.2R 27 March 2015MMI/MCM/nte

    BY POST, FAX AND EMAIL (+34 915555416)

    Application no. 15109/15

    Bomoguine v. Spain

    Dear Madam,

    I acknowledge receipt on 27 March 2015 of your fax of the same date requesting theEuropean Court of Human Rights under Rule 39 of the Rules of Court to stay the applicant’s removalto Cameroon.

    Your file has been given the above number. You must refer to it in any further

    correspondence relating to this case.

    On 27 March 2015 the Acting President of the Section to which the case has been allocateddecided, in the interests of the parties and the proper conduct of the proceedings before the Court,to indicate to the Government of Spain, under Rule 39 of the Rules of Court, that the applicantshould not be expelled to Cameroon pending the final decision in the domestic courts.Consequently, you should keep the Court informed of any decisions taken in the domestic

    proceedings.

    The parties’ attention is drawn to the fact that failure of a Contracting State to comply with ameasure indicated under Rule 39 may entail a breach of Article 34 of the Convention. In thisconnection, reference is made to paragraphs 128 and 129 of the Grand Chamber judgment of 4

    February 2005 in the case of Mamatkulov and Askarov v. Turkey   (applications nos. 46827/99 and46951/99) as well as point 5 of the operative part.

    The Acting President decided to give priority to the application under Rule 41.

    You will find enclosed a document containing a copy of the Convention and its Protocols andthe official application form with an explanatory note for prospective applicants. In order tocomplete the file, you should fill in these forms fully and accurately and return them to me by 10April 2015, together with copies of all relevant documents, including all relevant domestic decisionsand judgments (unstapled and numbered pages). Please note that if you send original documents,they will not be returned to you by the Court.

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    For safety reasons, any object sent to the Court without having being expressly requested by

    the Registry will be destroyed immediately together with the cover letter. If you consider sending

    documents other than on paper, you should first get in touch with the Registry.

    You will find enclosed a set of barcode labels which you should stick on the top right-hand

    corner of the first page of any correspondence sent to the Registry in relation to the present case.

    Please inform me of any change in your address or that of your client.

    Yours faithfully,

    K. Reid

    Registrar of the Filtering Section

    Enc: Application package (only by post)

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