THIRD SECTION

DECISION

Application no. 4784/15 Gustavo Adolfo CALDERON SILVA against the Netherlands

The European Court of Human Rights ( Third Section ), sitting on 31 May 2016 as a Committee composed of:

Helen Keller, President , Johannes Silvis, Alena Poláčková , judges ,

and , Stephen Phillips, Section Registrar ,

Having regard to the above application lodged on 16 January 2015,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Gustavo Adolfo Calderon Silva , is a Colombian national, who was born in 1985. At the time of the introduction of the application he was detained in Haarlemmermeer. He was represented before the Court by Mr J. Reisinger , a lawyer practising in Utrecht .

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 Article 5 §§ 1 (c) and 3 of the Convention that his extended detention on remand was without adequate justification, or in the alternative, that the decisions taken by the domestic courts concerning his detention lacked sufficient reasons.

On 15 and 23 February 2016 respectively the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against the Netherlands related to the substance of the application, either under domestic or international law, against an undertaking by the Government to pay him ex gratia 4,000 euros to cover any and all pecuniary and non-pecuniary damage . This amount does not cover costs and expenses in relation to the proceedings before the Court, in view of the fact that the applicant has not incurred any. No taxes will be levied on the applicant with regard to this amount. This sum will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook 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 its Protocols 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 23 June 2016 .

             Stephen Phillips Helen Keller Registrar President