THIRD SECTION

DECISION

Application no . 70286/14 Sameer HANNAN and Hayarpi KIRAKOSYAN against the Netherlands

The European Court of Human Rights (Third Section), sitting on 2 May 2017 as a Committee composed of:

Luis López Guerra, President, Dmitry Dedov, Jolien Schukking, judges,

and Fatoş Aracı, Deputy Section Registrar ,

Having regard to the above application lodged on 28 October 2014,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

THE FACTS

Mr Sameer Hannan is a Syrian national born in 1983. Ms Hayarpi Kirakosyan is an Armenian national born in 1987. They were represented before the Court by Mr M. Spapens, a lawyer practising in Amsterdam.

The applicants are the parents of Daniel Hannan, their son, who was born on 28 September 2007. The family live in Zwolle.

The Netherlands Government (“the Government”) were represented by their Agent, Mr R.A.A. Böcker, of the Ministry of Foreign Affairs.

The circumstances of the case

The facts of the case, as submitted by the parties, may be summarised as follows.

The applicants and Daniel arrived at Sc hiphol (Amsterdam) Airport on 1 June 2013. They were denied access to Netherlands territory.

The applicants lodged asylum requests, in their own names and Daniel ’ s, on 8 June 2013. Asylum was granted on 12 June 2013.

Pending the decision on their requests for asylum the applicants and Daniel were confined to the asylum application centre ( aanmeldcentrum ) at Schiphol (Amsterdam) Airport.

The applicants did not leave the asylum application centre immediately following the grant of asylum on 12 June 2013 but had to wait until the following day for transport to open accommodation elsewhere.

COMPLAINT

The applicants complained under Article 3 of the Convention about the detention of their son Daniel Hannan.

THE LAW

By letters of 23 January 2017 and 10 February 2017, respectively, the Government and the applicants informed the Court that they had reached a friendly settlement.

The Government undertook to pay ex gratia to the applicants, with a view to securing a friendly settlement of the case, EUR 1,000 (one thousand euros) to cover any and all damage and EUR 1,262.25 (one thousand two hundred and sixty-two euros and twenty-five cents) to cover any and all costs and expenses, including any tax that might be chargeable to the applicants. These sums would be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. In the event of failure to pay these sums within the said three ‑ month period, the Government undertook to pay simple interest on them, 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 applicants undertook to waive any further claims against the Netherlands in respect of the facts giving rise to this application. They declared that this constituted a final resolution of the case. The applicants ’ agreement to these terms implied their relinquishment of any claims they m ight have pertaining to the substance of the application, whether under domestic or international 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 (Article 37 § 1 in fine of the Convention). Accordingly, the case should be struck out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases.

Done in English and notified in writing on 24 May 2017 .

FatoÅŸ Aracı Luis López Guerra              Deputy Registrar President