ECtHR - K.K.C. v. the Netherlands, Application No. 58964/00, 21 December 2001

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Country of Applicant: 
Russia
Date of Decision: 
21-12-2001
Court Name: 
European Court of Human Rights First Chamber
Headnote: 

The present case, which ended in a friendly settlement between the parties, concerned the allegations of a Russian national that he would be exposed to ill-treatment if expelled to Russia.

Facts: 

The applicant, a Russian national of Chechen origin, was arrested, detained and accused of treason after his refusal to open fire on Chechen opposition forces. He subsequently escaped and "Chechen army" officials came to his mother’s house on several occasions. He claims having remained in hiding in Chechnya during the subsequent armed conflict between Russian and Chechen forces. He then travelled to the Netherlands and applied for asylum or alternatively a residence permit for compelling reasons of humanitarian nature, which were rejected in the first instance and on appeal. Both Courts doubted the veracity of the applicant’s claim that he had been involved in the capture of a Russian army colonel and therefore feared persecution.

The applicant complained that if expelled to Russia, he would face a real and personal risk of being subjected to treatment contrary to Article 3.

Decision & Reasoning: 

The Court received a declaration by the Government, stating that the two parties had reached a friendly settlement. The Government agreed to grant the applicant a residence permit without restrictions and give him the sum of € 1400 for legal costs incurred in the proceedings before the European Court of Human Rights. The Court was satisfied that the settlement was based on respect of human rights as defined in the Convention.

Outcome: 

Case struck out of list. 

Attachment(s): 
Authentic Language: 
English
State Party: 
Netherlands
National / Other Legislative Provisions: 
Netherlands - Aliens Act Article 33 b
Netherlands - Aliens Act Implementation Guidelines ( Vreemdelingencirculaire) 1994 Section A4/4.3.2