THIRD SECTION

DECISION

Application no. 20209/19 Ciya TONG against the Netherlands

The European Court of Human Rights (Third Section), sitting on 4 May 2023 as a Committee composed of:

Darian Pavli , President , Ioannis Ktistakis, Oddný Mjöll Arnardóttir , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar ,

Having regard to the above application lodged on 10 April 2019,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Ciya Tong, is a Chinese national who was born in 1962. The applicant was represented by Mr R.J.A. van den Munckhof, a lawyer practising in Amsterdam.

The applicant’s complaints under Article 6 §§ 1 and 3 (d) of the Convention concerning the refusal of the Court of Appeal to re-examine witness during the trial hearing were communicated to the Dutch Government (“the Government”).

The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against the Netherlands in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him 4,087.09 euros (four thousand eighty-seven euros and nine cents) (EUR) to cover any and all non ‑ pecuniary damage and EUR 492 (four hundred and ninety-two euros) to cover any and all costs and expenses. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

The payment will constitute the final resolution of the case.

THE LAW

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the application.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 25 May 2023.

Viktoriya Maradudina Darian Pavli Acting Deputy Registrar President