THIRD SECTION

DECISION

Application no. 30384/19 Rene BALMER against Switzerland

(see appended table)

The European Court of Human Rights (Third Section), sitting on 19 May 2022 as a Committee composed of:

Darian Pavli, President, Andreas Zünd, Mikhail Lobov, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 27 May 2019,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Mr A. Joset, a lawyer practising in Liestal.

The applicant’s complaints under Article 5 §§ 1 and 5 of the Convention concerning his detention for reasons of public safety ( Sicherheitshaft ) from 6 August 2018 until 22 May 2019 (289 days), ordered on the basis of provisions from the Code of Criminal Procedure governing pre-trial detention, applied by analogy, pending a court ruling on a request for his internment ( Verwahrung ), were communicated to the Swiss 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 Switzerland in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amounts detailed in the appended table. 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 9 June 2022.

Viktoriya Maradudina Darian Pavli Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 5 §§ 1 and 5 of the Convention

(detention for reasons of public safety without specific legislative basis and compensation for the said detention)

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for

non-pecuniary damage

(in euros) [1]

Amount awarded for costs and expenses

(in euros) [2]

30384/19

27/05/2019

Rene BALMER

1974Joset Alain

Liestal

18/01/2022

31/01/2022

25,000

4,000

[1] Plus any tax that may be chargeable to the applicant.

[2] Plus any tax that may be chargeable to the applicant.