THIRD SECTION

DECISION

Application no. 36141/21 Fatih KAYA

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 12 July 2021,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Fatih Kaya, is a Dutch national, who was born in 1997 and lives in Tilburg. He was represented by Mr J.C. Reisinger, a lawyer practising in Utrecht.

The applicant’s complaints under Article 5 §§ 3 and 4 of the Convention concerning the unlawfulness of his pre-trial detention, the refusals to suspend his pre-trial detention under certain conditions, and the speediness of these decisions, 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 3,300 (three thousand and three hundred) euros (EUR) to cover any non-pecuniary damage, plus any tax that might be chargeable to the applicant. This amount will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on it, 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