THIRD SECTION

DECISION

Application no. 23179/12 Joeri ZALOILO against the Netherlands

The European Court of Human Rights (Third Section), sitting on 15 November 2018 as a Committee composed of:

Alena Poláčková , President, Dmitry Dedov , Jolien Schukking, judges, and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 16 February 2012 ,

Having regard to the formal declaration accepting a friendly settlement of the cases,

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 H.H.R. Bruggeman , a lawyer practising in Lisse .

The applicant ’ s complaint under Article 5 § 1 (f) of the Convention that he was kept in detention for an excessive length of time during which no realistic prospect of his actual expulsion existed was communicated to the Dutch Government (“the Government”).

The Court received a friendly-settlement declaration 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 pay him the amount detailed in the appended table. This amount will be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake 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 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 6 December 2018 .

Liv Tigerstedt Alena Poláčková Acting Deputy Registrar President

APPENDIX

No.

Application no. Date of introduction

Applicant ’ s name

Date 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 and non-pecuniary damage

per applicant

(in euros) [1]

23179/12

16/02/2012

Joeri Zaloilo

14/02/1980

H.H.R. Bruggeman

Lisse

17/07/2018

19/07/2018

7,500

[1] . Plus any tax that may be chargeable to the applicant.