THIRD SECTION
DECISION
Application no. 26748/07
by Jan Jeffrey KROPS
against the Netherlands
The European Court of Human Rights (Third Section), sitting on 23 March 2010 as a Chamber composed of:
Josep Casadevall, President,
Elisabet Fura,
Corneliu Bîrsan,
Alvina Gyulumyan,
Egbert Myjer,
Ineta Ziemele,
Ann Power, judges,
and Santiago Quesada, Section Registrar,
Having regard to the above application lodged on 27 June 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Mr Jan Jeffrey Krops, a Dutch national who was born in 1989 and lives in Boschoor. He was represented before the Court by Ms L.H. Poortman-de Boer, a lawyer practising in Drachten. 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 Articles 2, 3 and 5 § 1 (d) of the Convention that his having been placed, as a minor and on the basis of a civil court’s order, for one and a half year in a custodial institution for juveniles (justitiële jeugdinrichting) without any form of treatment pending his placement in an appropriate facility violated his rights guaranteed by those provisions.
Invoking Articles 6 and 13, he further submitted that the Council for the Administration of Criminal Justice and Juvenile Protection (Raad voor Strafrechtstoepassing en Jeugdbescherming) was not a competent judicial body as it is partly composed of advocates, physicians and behavioural scientists; it has only limited powers; and also serves as an advisory body for the Government.
On 3 February 2010 and 4 February 2010 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 to him EUR 4,000, which is to cover any pecuniary and non-pecuniary damage, and to pay to him EUR 5,860.37 which is to cover any and all costs and expenses. These amounts will be free of any taxes that may be applicable and payable within six weeks from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said six-week period, the Government undertake to pay simple interest on it, from 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 public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention).
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.
Santiago QuesadaJosep Casadevall
RegistrarPresident
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