resolution DH (99) 674

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 22 JUNE 1999 IN THE CASE OF ABDURRAHIM INCEDURSUN AGAINST THE NETHERLANDS

(Adopted by the Committee of Ministers on 8 October 1999 at the 680th 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 Abdurrahim Incidersun case, delivered on 22 June 1999, and transmitted under Article 46, paragraph 2, of the Convention to the Committee of Ministers for supervision of its execution (see Rule 44, paragraph 2, of the Rules of the European Court of Human Rights);

Recalling that the case originated in an application (No. 33124/96) against the Netherlands, lodged with the European Commission of Human Rights on 27 August 1996 under previous Article 25 of the Co n vention, by Mr Abdurrahim Incedursun , a Turkish national, and that the Commission declared admissible the complaint that his expulsion to Turkey would expose him to a real risk of being subject to inhuman or degrading treatment and of possibly being killed;

Recalling that the case was brought before the Court by the applicant on 28 October 1998, under Protocol No. 9;

Whereas in its judgment of 22 June 1999 the Court, after having taken formal note of a friendly settlement reached by the Government of the respondent State and the applicant, and having found no reason of public policy justifying the continuation of the proceedings, decided, unanimously, to strike the case out of its list;

Whereas under the above-mentioned friendly settlement it was agreed that:

a. The Government of the Netherlands was willing to grant Mr Abdurrahim Incedursun, with reference to the present settlement, a residence permit without restrictions;

b. In addition, the Government of the Netherlands was to pay to the applicant, ex gratia , the sum of 21 480 Dutch guilders ex VAT for legal costs incurred in the proceedings before the European Commission of Human Rights and the European Court of Human Rights, less the amount already awarded to the applicant under the legal aid scheme established under the Convention system;

c. Mr Abdurrahim Incedursun, subject to the fulfilment of what is stated under b., waives his right to further claims against the Netherlands based on the facts of the present application;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of previous Article 54 which are, for the time being, applicable by analogy to cases transmitted to it under Article 46, paragraph 2, of the Convention;

Whereas the Committee of Ministers has examined the information submitted by the Governement of the respondent State on the measures taken in consequence of the present judgment, having regard to Netherlands’s obligation under Article 46, paragraph 1, of the Conve n tion to abide by it;

Having satisfied itself that the terms of the friendly settlement had been carried out;

Considering that the implementation of the present judgment does not necessitate further measures to be taken by the Government of the respondent State,

Declares, after having taken note of 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.