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W.S. AGAINST SWITZERLAND

Doc ref: 20231/92;20545/92;23117/93;23223/94 • ECHR ID: 001-51760

Document date: September 13, 1996

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Cited paragraphs: 0
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W.S. AGAINST SWITZERLAND

Doc ref: 20231/92;20545/92;23117/93;23223/94 • ECHR ID: 001-51760

Document date: September 13, 1996

Cited paragraphs only

The Committee of Ministers, under the terms of Article 32

(art. 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 16 January 1996, by

the European Commission of Human Rights in accordance with

Article 31 (art. 31) of the Convention relating to the

applications lodged respectively on 14 May 1992, 18 August 1992,

20 September 1993 and 30 December 1993 by Mr W. S. against

Switzerland (Applications Nos. 20231/92, 20545/92, 23117/93,

23223/94);

Whereas on 22 February 1996 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 (art. 32-

1), of the Convention has elapsed without the case having been

brought before the European Court of Human Rights in pursuance of

Article 48 (art. 48) of the Convention;

Whereas in his applications, declared admissible by the

Commission on 28 June 1995, the applicant complained of the

excessive length of his detention on remand, the delays of the

judicial authorities in dealing with his requests for release, the

absence of a right to compensation in domestic law in case of a

breach of Article 5 (art. 5) of the Convention and of the

excessive length of certain criminal proceedings;

Whereas in its report the Commission expressed, unanimously,

the opinion that there had been a violation of Article 5,

paragraph 3 (art. 5-3), of the Convention, that there had been no

violation of Article 5, paragraph 4 (art. 5-4), of the Convention,

that there had been no violation of Article 5, paragraph 5

(art. 5-5), of the Convention and that there had been a violation

of Article 6, paragraph 1 (art. 6-1), of the Convention;

Whereas, at the 571st meeting of the Ministers' Deputies held

on 4 September 1996, the Committee of Ministers, agreeing with the

opinion expressed by the Commission, held, having voted in

accordance with the provisions of Article 32, paragraph 1

(art. 32-1), of the Convention, that there had been in this case a

violation of Article 5, paragraph 3 (art. 5-3), of the Convention,

that there had been no violation of Article 5, paragraph 4

(art. 5-4), of the Convention, that there had been no violation of

Article 5, paragraph 5 (art. 5-5), of the Convention and that

there had been a violation of Article 6, paragraph 1 (art. 6-1),

of the Convention,

Authorises the publication of the report adopted by the

Commission in this case;

Decides to pursue the examination of the present case, in

accordance with Article 32 (art. 32) of the Convention with a view

to adopting the final resolution.

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