Resolution ResDH (2003)125

concerning the judgment of the European Court of Human Rights of 28 June 2001 (final on 28 September 2001) in the case of VGT Verein gegen Tierfabriken against Switzerland

(Adopted by the Committee of Ministers on 22 July 2003 at the 847th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the VGT Verein gegen Tierfabriken case delivered on 28 June 2001 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the case originated in an application (No. 24699/94) against Switzerland, lodged with the European Commission of Human Rights on 13 July 1994 under former Article 25 of the Co n vention by VGT Verein gegen Tierfabriken , a registered association in Switzerland, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible, among others, the complaint concerning the refusal, by the “Commercial Television Company” ( AG für das Werbefernsehen , subsequently Publisuisse ), in January 1994, to broadcast the applicant association commercial in view of its “clear political character” ;

Whereas in its judgment of 28 June 2001 the Court, unanimously:

- dismissed the Government’s preliminary objections;

- held, that there had been a violation of Article 10, of the Convention;

- held, that there had been no violation of Article 13, of the Convention;

- held, that there had been no violation of Article 14, of the Convention;

- held, that the government of the respondent state was to pay the applicant association, within three months from the date at which the judgment became final, 20 000 Swiss francs in respect of costs and expenses and that simple interest at an annual rate of 5% would be payable on this sum from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicant association’s claim for just satisfa c tion;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having invited the government of the respondent state to inform it of the mea s ures which had been taken in consequence of the judgment of 28 June 2001, having regard to Switzerland’s obligation under Article 46, paragraph 1, of the Conve n tion to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state gave the Committee information about the measures taken preventing new violations of the same kind as that found in the present judgment; this information appears in the appendix to this resolution;

Having satisfied itself that on 23 October 2001, within the time-limit set, the government of the respondent state had paid the a p plicant association the sum provided for in the judgment of 28 June 2001,

Declares, after having taken note of the information supplied by the Government of Switzerland, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.

Appendix to Resolution ResDH (2003)125

Information provided by the Government of Switzerland during the examination of the VGT Verein gegen Tierfabbriken case

by the Committee of Ministers

As regards individual measures, the judgment was transmitted to the applicant, who was entitled to request the revision of the Federal Court’s judgment of 20 August 1997.

Concerning general measures, the judgment has been sent out to the Federal Office of Communication, the Federal Department for Environment, Transport, Energy, and Communication and to the Federal Court.

In addition, the Court’s judgment has been published in the journal “ Jurisprudence des autorités administratives de la Confédération ” n.65/IV(2001), and can be consulted on the following website: http://www.vpb.admin.ch / franz/cont / heft/654som.ht m l . The judgment has also been mentioned in the Federal Council Annual report on the Swiss activities at the Council of Europe in 2001, which has been published in the “ Feuille fédérale ” n.8/2002.

The Government of Switzerland considers that, given the information mentioned above, there will no longer exist a risk of a repetition of the violation found in the present case and, consequently, Switzerland has satisfied its obligations under Article 46, § 1 of the Convention.