CASE OF HURTADO AGAINST SWITZERLAND
Doc ref: 17549/90 • ECHR ID: 001-55612
Document date: March 21, 1994
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The Committee of Ministers, under the terms of Article 54
(art. 54) of the Convention for the Protection of Human Rights
and Fundamental Freedoms (hereinafter referred to as "the
Convention"),
Having regard to the judgment of the European Court of Human
Rights in the case of Hurtado against Switzerland delivered on
28 January 1994 and transmitted the same day to the Committee of
Ministers;
Recalling that the case originated in an application against
Switzerland lodged with the European Commission of Human Rights
on 30 October 1990 under Article 25 (art. 25) of the Convention
by Mr Antonio Hurtado, a Colombian national, who alleged that he
had suffered inhuman and degrading treatment during his arrest
by the Vaud cantonal police, and that he had been deprived of an
effective remedy;
Recalling that the case was brought before the Court by the
Commission on 9 September 1993;
Whereas in its judgment of 28 January 1994 the Court, having
taken formal note of a friendly settlement reached by the
Government of Switzerland and the applicant and having found that
there were no reasons of public policy justifying the
continuation of the proceedings, decided unanimously to strike
the case out of its list:
Whereas under the above-mentioned friendly settlement it
was agreed that:
"1. The Swiss Confederation agrees to pay to the applicant the
sum of 14 000 Swiss francs as a single, ex gratia payment to
cover all the claims made, including the costs and expenses
incurred by the applicant in Switzerland and Strasbourg as a
result of the events which led him to lodge application
No. 17549/90 with the European Commission of Human Rights.
2. This payment shall in no way constitute recognition by the
Swiss authorities that there has been a violation of the
provisions of the European Convention on Human Rights.
3. In view of the undertaking referred to under 1., the
applicant and the Swiss Government ask the Court to strike the
case out of the list in accordance with Rule 49, paragraph 2, of
the Rules of Court, as the friendly settlement proposed is such
as to provide a solution of the matter.
4. The applicant states in addition that he considers the case
to be settled and undertakes not to bring before the national or
international authorities other claims arising out of the events
which led to the above-mentioned application being lodged."
Recalling that Rule 49, paragraph 3, of the Court's Rules
provides that the striking out of a case shall be effected by
means of a judgment which the President shall forward to the
Committee of Ministers in order to allow it to supervise, in
accordance with Article 54 (art. 54) of the Convention, the
execution of any undertakings which may have been attached to the
discontinuance or solution of the matter;
Having satisfied itself that on 8 February 1994 the
Government of Switzerland has paid the applicant the sum provided
for in the friendly settlement,
Declares that it has exercised its functions under
Article 54 (art. 54) of the Convention in this case.