Resolution ResDH (2003)38 concerning the judgment of the European Court of Human Rights of 21 December 2001 in the case of K.K.C. against the Netherlands

(Adopted by the Committee of Ministers on 24 February 2003 at the 827th 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 as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the final judgment of the European Court of Human Rights in the K.K.C. case delivered on 21 December 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. 58964/00) against the Netherlands, lodged with the European Court of Human Rights on 7 June 2000 under Article 34 of the Convention by Mr K.K.C., a Russian national of Chechen origin, and that the Court declared admissible the complaint that his expulsion to Russia would expose him to a real risk of being subjected to treatment contrary to Article 3 of the Convention;

Whereas in its judgment of 21 December 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 Netherlands would grant the applicant a residence permit without restrictions and pay the applicant, the sum of 1 400 € uros , value added tax included, in respect of costs and expenses, after the notification of the Court’s judgment;

Recalling that Rule 44, paragraph 2, of the Rules of the Court 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 10 June 2002, after expiry of the time-limit set, the government of the respondent state had paid the applicant the sum provided for in the judgment of 21 December 2001, and having taken note of the fact that the applicant has waived his right to default interest in view of the minimal sum involved;

Having satisfied itself that the government granted the applicant a residence permit without restrictions,

Declares, after having taken note of the information supplied by the Government of Netherlands, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.