Search
document

Document text Analytics

CASE OF LÜDI AGAINST SWITZERLAND

Doc ref: 12433/86 • ECHR ID: 001-55554

Document date: November 10, 1992

Inbound citations: 1
•
Cited paragraphs: 0
•
Outbound citations: 0

CASE OF LÜDI AGAINST SWITZERLAND

Doc ref: 12433/86 • ECHR ID: 001-55554

Document date: November 10, 1992

Cited paragraphs only

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 Lüdi case delivered on 15 June 1992 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 September 1986 under Article 25 (art. 25) of the Convention

by Mr Ludwig Lüdi, a Swiss national, who complained of the

interception of his telephone conversations combined with his

manipulation by an undercover agent and that his right to a fair

trial had been infringed and also his right to examine or have

examined witnesses against him;

Recalling that the case was brought before the Court by the

Commission on 8 March 1991 and by the Government of Switzerland

on 25 April 1991;

Whereas in its judgment of 15 June 1992 the Court:

- dismissed unanimously the government's preliminary

objection that the applicant was not a victim;

- held unanimously that there had not been a violation

of Article 8 (art. 8);

- held by eight votes to one that there had been a

violation of paragraph 1 in conjunction with

paragraph 3.d of Article 6 (art. 6-1, art. 6-3-d);

- held unanimously that the respondent State was to pay

the applicant within three months 15 000 Swiss francs

for costs and expenses;

- dismissed unanimously the remainder of the claim for just

satisfaction;

Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of

the Convention;

Having invited the Government of Switzerland to inform it

of the measures which had been taken in consequence of the

judgment of 15 June 1992, having regard to its obligation under

Article 53 (art. 53) of the Convention to abide by it;

Whereas, during the examination of the case by the Committee

of Ministers, the Government of Switzerland gave the Committee

information about the measures taken in consequence of the

judgment, which information appears in the appendix to this

resolution;

Having satisfied itself that the Government of Switzerland

has paid the applicant the sum provided for in the judgment,

Declares, after having taken note of the information

supplied by the Government of Switzerland, that it has exercised

its functions under Article 54 (art. 54) of the Convention in

this case.

Appendix to Resolution DH(92)61

Information provided by the Government of Switzerland

during the examination of the Lüdi case

by the Committee of Ministers

By letter dated 17 July 1992 the Federal Administration

brought the Court's judgment to the attention of the Federal

Court, the presidents of cantonal courts and of the heads of

cantonal justice departments inviting the latter to examine

whether the judgment might entail amending the criminal procedure

norms of their cantons.

Furthermore, in a judgment dated 7 August 1992 (ATF 1P

212/1992) the Federal Court recently held, with reference to

Article 6 (art. 6) of the Convention and to the Court's judgment

in the Lüdi case, that a conviction based on the testimony of an

undercover police agent is inadmissible when the accused has not

had the possibility in the course of the proceedings to be

confronted to that agent and have him heard. This judgment of

the Federal Court confirms that Switzerland has respected its

obligations stemming from the Lüdi judgment.

The sum awarded by the Court in respect of costs and

expenses was paid on 27 July 1992.

LEXI

Lexploria AI Legal Assistant