FOURTH SECTION
DECISION
Application no. 63169/19
Olises Dion GEORGE against the Netherlands
and 2 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 25 March 2021 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Ms C. Reijntjes-Wendenburg, a lawyer practising in Valkenswaard.
The applicants’ complaints under Article 3 of the Convention concerning poor conditions of their detention in the Police Complex of Philipsburg in Sint Maarten were communicated to the Dutch Government (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against the Netherlands in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. The amounts awarded in respect of costs and expenses incurred in the proceedings at the domestic level (as indicated in the table attached below) will be converted into United States dollars at the rate applicable on the date of payment. All amounts indicated in the appended table will be payable to the respective applicants within three months from the date of notification of the Court’s decision.
In the event of failure to pay the amounts set out in the declarations within the above-mentioned three-month period, the Government undertake to pay simple interest on them, 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 cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court takes note of the friendly settlements reached between the parties. It is satisfied that the settlements are based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 15 April 2021.
{signature_p_2}
Viktoriya MaradudinaArmen Harutyunyan
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage per applicant (in euros)[1]
Amount awarded for costs and expenses per application (domestic proceedings)
(in euros) to be converted to US dollars [2]
Amount awarded for costs and expenses per application
(Strasbourg proceedings)
(in euros) [3]
63169/19
09/12/2019
Olises Dion GEORGE
1990
Reijntjes-Wendenburg Claudia
Valkenswaard
23/02/2021
25/02/2021
1,300
581
2,550
64133/19
16/12/2019
Clive Veron REYMOND
1983
Reijntjes-Wendenburg Claudia
Valkenswaard
23/02/2021
25/02/2021
3,300
1,246
1,300
7320/20
05/02/2020
Arnold Nico JOHN
1983
Reijntjes-Wendenburg Claudia
Valkenswaard
23/02/2021
25/02/2021
1,800
510
2,012.50
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.
[3] Plus any tax that may be chargeable to the applicants.
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