Resolution ResDH(2005) 108

concerning the judgment of the European Court of Human Rights of 20 March 2001 (Friendly settlement) in the case of Köksal against the Netherlands

(Adopted by the Committee of Ministers on 26 October 2005 at the 940th meeting of the Ministers ' Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the final judgment of the European Court of Human Rights in the Köksal case delivered on 20 March 2001 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 31725/96) against the Netherlands, lodged with the European Commission of Human Rights on 25 October 1995 under former Article 25 of the Co n vention by Mr Salih Köksal and Mr Ercan Köksal, two Turkish nationals, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints concerning the death in January 1993 of Mr Hüseyin Köksal as a result of torture allegedly inflicted on him by police officers, the alleged gross lack of vigilance displayed by police officers leading to a fatal delay in the administration of medical treatment and the alleged absence of effective investigation conducted into the death;

Whereas in its judgment of 20 March 2001 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicants, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the case out of its list and took note of the parties ' undertaking not to request a

re-hearing of the case before the Grand Chamber;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of the Netherlands would pay the applicants, the sum of 140 000 Netherlands guilders, in respect of pecuniary and non-pecuniary damage as well as cost and expenses, within three months as from the notification of the judgment;

Recalling that Rule 43, paragraph 3, of the Rules of the Court (old Rule 44, paragraph 2) provides that the striking-out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that on 16 March 2001 within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicants the sum provided in the friendly settlement and that no other measure was required in the present case to conform to the Court ' s judgment,

Declares, after having examined the information supplied by the Government of the Netherlands , that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.