Resolution ResDH (2001)78 Concerning the judgment of the European Court of Human Rights of 27 April 2000 in the case of Aspichi Dehwari against the Netherlands

(Adopted by the Committee of Ministers on 26 June 2001 at the 757 th 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 Aspichi Dehwari case delivered on 27 April 2000 and transmitted on the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 37014/97) against the Netherlands, lodged with the European Commission of Human Rights on 18 June 1997 under former Article 25 of the Convention by Mr Mahammad Rahim Aspichi Dehwari , an Iranian national, and that the Commission declared admissible the complaints that the applicant’s expulsion to Iran would expose him to a real risk of being killed, of being subjected to torture, inhuman or degrading treatment as well as to a real risk of not having a fair trial;

Recalling that the case was brought before the Court by the applicant under Protocol No. 9 on 12 February 1999, by the Commission on 23 March 1999 and by the government of the respondent state on 7 April 1999;

Whereas in its judgment of 27 April 2000 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;

Whereas under the above-mentioned friendly settlement, the Government of the Netherlands, following the entry into force of new legislation, has granted the applicant a residence permit without restrictions and the parties reached an agreement in respect of the costs and expenses incurred by the applicant before the Commission and the Court;

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 6 November 2000 the government of the respondent state had paid the applicant the sum provided for in the friendly settlement;

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