Final Resolution ResDH (2003)28 Human Rights Application No. 26452/95 D’Amico Heidi and Salvatore against Switzerla nd

(Adopted by the Committee of Ministers on 24 February 2003 at the 827th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolution DH(2000)88, adopted on 29 May 2000 in the case of D’Amico Heidi and Salvatore against Switzerland, in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 1, of the Convention on account of the excessive length of certain proceedings concerning civil rights and obligations before administrative courts, and to make public the report of the European Commission of Human Rights;

Whereas the Committee of Ministers examined the proposals made by the special Committee of Advisers to assist the Committee of Ministers with the question of just satisfaction after the expiry of the mandate of the European Commission of Human Rights, proposals supplemented by a letter of the President of the special Committee dated 9 April 2001;

Whereas at the 757th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the special Committee proposals, held by a decision adopted on 26 June 2001, in accordance with former Article 32, paragraph 2, of the Convention, that the government of the respondent state was to pay the applicants as just satisfaction, within three months, 3 827 Swiss francs in respect of costs and expenses, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay, at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicants;

Whereas the Committee of Ministers invited the government of the respondent state to inform it of the measures taken following its decisions of 29 May 2000 and 26 June 2001, having regard to Switzerland’s obligation under former Article 32, paragraph 4, of the Convention to abide by them;

Whereas the Committee of Ministers satisfied itself that on 14 June 2001,within the time-limit set, the government of the respondent state had paid the applicants the total sum of 3 827 Swiss francs as just satisfaction,

Declares, after having taken note of the measures taken by the Government of Switzerland, that it has exercised its functions under former Article 32 of the Convention in this case.