THIRD SECTION
DECISION
Application no. 34039/22
Rifka Barbara HOFMAN
against the Netherlands
(see appended table)
The European Court of Human Rights (Third Section), sitting on 15 February 2024 as a Committee composed of:
Darian Pavli, President,
Ioannis Ktistakis,
Oddný Mjöll Arnardóttir, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 8 July 2022,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Ms B. van Straaten, a lawyer practising in Amsterdam.
The applicant’s complaints under Article 3 of the Convention concerning the force used against her by two police officers and the lack of investigation into this use of force were communicated to the Dutch Government (“the Government”).
The Court received the 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, subject to an undertaking by the Government to give the applicant the opportunity to meet with a representative of the police department Oost-Nederland in which she can set out her personal experience and on the basis of which the police can draw lessons from the events which gave rise to her complaint. A report of this meeting will be shared with the police officers who had made the disputed intervention of which the applicant will receive written feedback. In addition, the Government will pay her the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts 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 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 the Protocols thereto 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 14 March 2024.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 3 of the Convention
(Inhuman or degrading treatment)
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 pecuniary damage (in euros)[1]
Amount awarded for non-pecuniary damage (in euros)[2]
34039/22
08/07/2022
Rifka Barbara HOFMAN
1978
Barbara van Straaten
Amsterdam
15/01/2024
20/12/2023
3,380
4,500
[1] Plus any tax that may be chargeable
[2] Plus any tax that may be chargeable