Resolution ResDH(2005) 109

concerning the judgment of the European Court of Human Rights of 5 June 2001 (Friendly settlement) in the case of Holder 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 Holder case delivered on 5 June 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. 33258/96) against the Netherlands, lodged with the European Commission of Human Rights on 29 July 1996 under former Article 25 of the Co n vention by Mr Robby Holder, a Dutch national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint concerning the unfairness of certain criminal proceedings brought against the applicant in that the judicial authorities have failed to inform him of the date on which an appeal hearing would take place;

Whereas in its judgment of 5 June 2001 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, 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 applicant, the sum of 1 000 Netherlands guilders, on an ex gratia basis and 4 851.73 Netherlands guilders in respect of costs and expenses;

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 29 May 2001 the government of the respondent state had paid the applicant the sums 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.