THIRD SECTION
DECISION
Application no. 27787/15
Olten Edmund GAMBIER
against the Netherlands
The European Court of Human Rights (Third Section), sitting on 6 December 2016 as a Committee composed of:
Helen Keller, President,
Pere Pastor Vilanova,
Alena Poláčková, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 4 June 2015,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Olten Edmund Gambier, is a Dutch national, who was born in 1976 and lives in Amsterdam. He was represented before the Court by Mr J.J. Weldam, a lawyer practising in Utrecht.
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 §§ 1 and 3 (c) of the Convention about a violation of his right to legal assistance prior to his first police questioning after arrest.
On 12 and 16 September 2016 respectively the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against the Netherlands related to the substance of the application, either under domestic or international law, against an undertaking by the Government to pay him ex gratia 2,500 euros as well as 234.50 euros for reimbursement of the costs for legal assistance made in relation to both the domestic proceedings and the proceedings before the Court. This sum 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 12 January 2017.
Fatoş AracıHelen Keller
Deputy RegistrarPresident
Full & Egal Universal Law Academy