Resolution CM/ ResDH (2012) 101 [1]

Execution of the judgment of the European Court of Human Rights

Werz against Switzerland

(Application No. 22015/05, judgment of 17 December 2009, final on 17 Mach 2010)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violations of the Convention found by the Court in this case concerns the excessive length of certain criminal proceedings before the Cantonal Supreme Court and the right to a fair hearing before the Federal Court (two violations of Article 6, paragraph 1) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken to comply with its obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent State paid the a p plicant the just satisfaction provided in the judgment (see details in Appendix);

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgment, the adoption by the respondent State, where appropriate:

- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures, preventing similar violations;

Recalling that new issues relating to the right to a fair hearing before the Federal Court are examined by the Committee of Ministers within the context of more recent judgments;

DECLARES, having examined the measures taken by the respondent State (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ ResDH (2012) 101

Information about the measures to comply with the judgment in the case of

Werz against Switzerland

Introductory case summary

This case concerns the excessive length of criminal proceedings in November 2003, the Supreme Court of the Canton of Berne notified its 264-page long judgment in writing only 15 months after having announced it at an oral hearing in August 2002, despite the cantonal criminal procedure code (Article 314) requiring a written notification within 60 days. The European Court left it open whether the global length of the proceedings (some 5 years) was excessive.

The case further concerns the violation of the right to a fair hearing because the applicant was not provided with the submissions made by the prosecutor ’ s office and the cantonal Supreme Court during the proceedings before the Federal Court in 2004 (two violations of Article 6, paragraph 1).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non- pecuniary damage

Costs and expenses

Total

-

2 000 EUR

2 150 EUR

4 150 EUR

Paid on 31/05/2010

b) Individual measures

The Court awarded the applicant just satisfaction for moral damage sustained for both violations. Although the applicant had the possibility to request a reopening of the domestic proceedings within a certain time-limit after the judgment of the European Court had become final, he did not avail himself of this opportunity. In the absence of such a request, no further individual measures was deemed necessary by the Committee of Ministers.

II. General measures

As regards the right to a fair hearing, the judgment of the Court was disseminated to the Federal Court with a view to adjusting its practice accordingly and to other authorities directly concerned. It was also published in the quarterly Report on the jurisprudence of the European Court 4/2009 in the three official languages.

The Swiss authorities further informed that this case was clearly of a singular nature with regard to the excessive length of procedure before the Cantonal Supreme Court, that the remedies offered within the cantonal legal framework governing the courts are deemed to be sufficient and that therefore no further general measure was necessary other than publication and dissemination.

III. Conclusions of the respondent state

The government considers that no individual measure is required, apart from the payment of the just satisfaction, and that the general measures adopted will prevent similar violations and that Switzerland has thus complied with its obligations under Article 46, paragraph 1, of the Convention in the present case.

[1] Adopted by the Committee of Ministers on 6 June 2012 at the 11 44 th Meeting of the Ministers’ Deputies .