Decision of Court (Third Section Committee), April 21, 2015 (case BASARAT v. THE NETHERLANDS)

Resolution DateApril 21, 2015
Issuing OrganizationCourt (Third Section Committee)



Application no. 43108/12Khaliel BASARATagainst the Netherlands

The European Court of Human Rights (Third Section), sitting on 21 April 2015 as a Committee composed of:

             Luis López Guerra, President,              Johannes Silvis,              Valeriu Griţco, judges,

and Marialena Tsirli, Deputy Section Registrar,

Having regard to the above application lodged on 5 July 2012,

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

Having deliberated, decides as follows:


The applicant, Mr Khaliel Basarat, is a Dutch national, who was born in 1945 and lives in Amsterdam. He was represented before the Court by Ms C.M. Peeperkorn, a lawyer practising in Amsterdam.

The Dutch Government (“the Government”) were represented by their Agent, Mr R.A.A. Böcker, of the Ministry of Foreign Affairs.

The applicant complained under Article 6 of the Convention that he was convicted on the evidence of a witness whom he had not had the opportunity to cross-examine.

On 1 and 2 March 2015 respectively the Court received 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 against an undertaking by the Government to pay him 2,000 euros to cover any and all pecuniary and non-pecuniary damage as well as 786 euros to cover any and all costs and expenses, plus any tax that may be chargeable to the applicant. These sums will be payable within three months from the date of notification of the...

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