STÜRM AGAINST SWITZERLAND

Doc ref: 22686/93 • ECHR ID: 001-49738

Document date: December 15, 1995

Doc ref: 22686/93 • ECHR ID: 001-49738

Document date: December 15, 1995

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 by the European

Commission of Human Rights in accordance with Article 31 (art. 31)

of the Convention relating to the application lodged on

24 August 1993 by Mr Walter Stürm against Switzerland

(Application No. 22686/93);

Whereas on 10 July 1995, 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 application, declared admissible by the

Commission on 30 November 1994, the applicant complained of the

refusal by the authorities to forward a letter which he had written

while he was remanded in custody;

Whereas in its report adopted on 17 May 1995 the Commission

expressed, by ten votes to three, the opinion that there had been

a violation of Article 8 (art. 8) of the Convention and,

unanimously, that no separate issue arose under Article 10

(art. 10) of the Convention;

Whereas, at the 553rd meeting of the Ministers' Deputies held

on 15 December 1995, 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 8 (art. 8) 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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