THIRD SECTION

DECISION

Application no. 61433/21 Cristefer Simeon MARTINA

against the Netherlands

The European Court of Human Rights (Third Section), sitting on 18 January 2024 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 17 December 2021,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Cristefer Simeon Martina, is a Dutch national who was born in 1991. At the time of the introduction of the application he was detained in Veenhuizen. He was represented by Mr M. Berndsen, a lawyer practising in Amsterdam.

The applicant’s complaint under Article 6 § 2 of the Convention, concerning the reasoning of the Court of Appeal when dismissing his requests for compensation for the time spent in pre-trial detention and for legal costs and expenses, was communicated to the Dutch Government (“the Government”).

In December 2023 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 3,000 (three thousand) euros (EUR) to cover any non-pecuniary damage and EUR 550 (five hundred and fifty) to cover costs and expenses, plus any tax that might be chargeable to the applicant.

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 8 February 2024.

{signature_p_1} {signature_p_2}

Viktoriya Maradudina Darian Pavli Acting Deputy Registrar President