FINAL RESOLUTION DH (97) 477

HUMAN RIGHTS APPLICATIONS Nos. 20231/92, 20545/92, 23117/93 and 23223/94 W.S. AGAINST SWITZERLAND

(Adopted by the Committee of Ministers on 17 September 1997 at the 599th 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 (96) 470, adopted in the case of W.S. against Switzerland (Applications Nos. 20231/92, 20545/92, 23117/93 and 23223/94) in which the Committee of Ministers decided that there had been in this case a violation of Article 5, paragraph 3, and Article 6, paragraph 1 of the Convention, that there had been no violation of Article 5 paragraphs 4 and 5, 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 28 May 1997;

Whereas, at the 597th meeting of the Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held, by decision adopted on 11 July 1997, in accordance with the provisions of Article 32, paragraph 2, of the Convention, that the Government of Switzerland was to pay the applicant as just satisfaction, within three months, the global sum of 10 000 Swiss Francs, and that interest should be payable on any unpaid sum 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 on 16 June 1997 the applicant agreed to the publication of his name, the case has changed name from W.S. to Walter Stürm II against Switzerland;

Whereas the Committee of Ministers invited the Government of Switzerland to inform it of the measures taken following its decisions of 13 September 1996 and 11 July 1997, 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 accordingly indicated 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 paid the applicant, within the time-limit set, the sum of 10 000 Swiss francs as just satisfaction,

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.