RESOLUTION DH (98) 211

HUMAN RIGHTS

APPLICATION No. 26955/95

PSYCHEX AGAINST SWITZERLAND

(Adopted by the Committee of Ministers on 10 July 1998

at the 637th meeting of the Ministers’ Deputies)

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

Having regard to the report drawn up on 2 December 1997 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 17 March 1995 by an association under Swiss law, Psychex against Switzerland;

Whereas on 26 January 1998 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the Convention has elapsed and the case has not been referred to the European Court of Human Rights, either by the Commission or by a State entitled to do so under Article 48 of the Convention, within the time-limit of three months from the transmission of the reports to the Chairman of the Committee of Ministers; whereas, however within this time-limit, the applicant association seized the Court in accordance with Protocol No. 9 but considering that the screening panel of the Court decided on 3 June 1998 that this case would not be considered by the Court, the Committee of Ministers is now called upon to take a decision in accordance with Article 32 of the Convention and with Article 48 of the Convention as amended by Article 5 of Protocol No. 9 for those States having ratified the latter;

Whereas in its application, as declared admissible by the Commission on 20 May 1997, the applicant association complained that it had not been allowed to send a letter and other documents to detainees of a psychiatric clinic;

Whereas in its report the Commission expressed by thirty-one votes to one, that there had been no violation of Article 10, of the Convention and, unanimously, that no separate issue arose under Article 8 of the Convention;

Whereas, at the 637th meeting of the Ministers’ Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 10 July 1998, that there had been in this case no violation of Article 10 of the Convention,

Declares that it has exercised its functions under Article 32 of the Convention in this case;

Authorises the publication of the report adopted by the Commission in this case.