THIRD SECTION
DECISION
Application no. 43108/12
Khaliel BASARAT
against the Netherlands
The European Court of Human Rights (Third Section), sitting on 21 April 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 5 July 2012,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Khaliel Basarat, is a Dutch national, who was born in 1945 and lives in Amsterdam. He was represented before the Court by Ms C.M. Peeperkorn, a lawyer practising in Amsterdam.
The Dutch Government (“the Government”) were represented by their Agent, Mr R.A.A. Böcker, of the Ministry of Foreign Affairs.
The applicant complained under Article 6 of the Convention that he was convicted on the evidence of a witness whom he had not had the opportunity to cross-examine.
On 1 and 2 March 2015 respectively the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against the Netherlands in respect of the facts giving rise to this application against an undertaking by the Government to pay him 2,000 euros to cover any and all pecuniary and non-pecuniary damage as well as 786 euros to cover any and all costs and expenses, plus any tax that may be chargeable to the applicant. These sums will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.
THE LAW
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the application. In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 21 May 2015.
Marialena TsirliLuis López Guerra
Deputy RegistrarPresident
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