FINAL RESOLUTION DH (97) 499

HUMAN RIGHTS APPLICATION No. 22686/93 WALTER STÃœRM I AGAINST SWITZERLAND

(Adopted by the Committee of Ministers on 29 October 1997 at the 605th 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 Interim Resolution DH (95) 396 adopted on 15 December 1995 in the case of Walter Stürm I against Switzerland (Application No. 22686/93) in which the Committee of Ministers decided that there had been in this case a violation of Article 8 of the Convention and to make public the report of the European Commission of Human Rights;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 12 July 1996;

Whereas, at the 571st meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held, by decision adopted on 13 September 1996, in accordance with Article 32, paragraph 2, of the Convention, that the Government of Switzerland was to pay the applicant as just satisfaction, within three months, the sum of 1 000 Swiss francs in respect of non-material damage and 1 500 Swiss francs in respect of costs and expenses, ie. the total sum of 2 500 Swiss francs and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay (in accordance with the decision adopted by the Committee of Ministers at its 599th meeting - 17 September 1997 - on the general principles regarding the payment of default interest) 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 applicant;

Whereas the Committee of Ministers invited the Government of Switzerland to inform it of the measures taken following its decisions of 15 December 1995 and 13 September 1996, having regard to Switzerland's obligation under Article 32, paragraph 4, of the Convention to abide by them;

Whereas, during the examination of the case by the Committee of Ministers, the Government of Switzerland indicated, accordingly, that the Commission's report as well as the Committee of Ministers' decisions had been sent out to the authorities directly concerned;

Whereas the Committee of Ministers satisfied itself that the Government of Switzerland had paid the applicant the total sum of 2 500 Swiss francs as just satisfaction, five days after the expiry of the time-limit set and thus no default interest was due in accordance with the above-mentioned decisions of the Committee of Ministers concerning the modalities of default interest payment,

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