Resolution ResDH (2002)29 concerning the judgment of the European Court of Human Rights of 8 March 2001 (final on 8 June 2001) in the case of I.O. against Switzerland

(Adopted by the Committee of Ministers on 6 March 2002 at the 783rd meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 46, paragr aph 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 I.O. case delivered on 8 March 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. 21529/93) against Switzerland, lodged with the European Commission of Human Rights on 8 December 1992 under former Article 25 of the Convention by Mr I.O., a Turkish national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the applicant’s complaints that the investigating judge who had decided on his detention in custody was not independent and that he had been refused access to the investigation file (complaints under Article 5, paragraphs 3 and 4 of the Convention); Whereas in its judgment of 8 March 2001 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously to strike the case out of its list; Whereas under the above-mentioned friendly settlement it was agreed that the Government of Switzerland would pay to the applicant a global sum of 13 000 Swiss francs in respect of any possible claims; Recalling that Rule 44, paragraph 2, of the Rules of the Court provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter; Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that on 2 May 2001, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicant the sum provided for in the friendly settlement, that the judgment was disseminated on 20 March 2001 to the Federal Court and to the competent administrative authorities and that no other measure was required in the present case to conform to the Court’s judgment, Declares, after having taken note of the information supplied by the Government of Switzerland, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.