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CASE OF S. AGAINST SWITZERLAND

Doc ref: 12629/87;13965/88 • ECHR ID: 001-55529

Document date: May 15, 1992

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CASE OF S. AGAINST SWITZERLAND

Doc ref: 12629/87;13965/88 • ECHR ID: 001-55529

Document date: May 15, 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 case of S. against Switzerland delivered on

28 November 1991 and transmitted the same day to the Committee

of Ministers;

Recalling that the case originated in two applications

against Switzerland lodged with the European Commission of Human

Rights on 18 November 1986 and 28 May 1988 under Article 25

(art. 25) of the Convention by Mr S., a Swiss national, who

complained of restrictions on free communication with his lawyer

while remanded in custody;

Recalling that the case was brought before the Court by the

Commission on 8 October 1990 and by the Government of Switzerland

on 12 December 1990;

Whereas in its judgment of 28 November 1991 the Court

unanimously:

- held that there had been a violation of paragraph 3.c

of Article 6 (art. 6-3-c);

- held that it was not necessary to examine the case

from the point of view of paragraph 3.b of Article 6

(art. 6-3-b), or of Article 5, paragraph 4 (art. 5-4);

- held that the respondent State was to pay the

applicant within three months 2 500 Swiss francs for

non-pecuniary damage and 12 500 Swiss francs for costs

and expenses;

- dismissed 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 28 November 1991, having regard to its obligation

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

Having satisfied itself that the Government of Switzerland

has paid the applicant on 28 January 1992 the sums provided for

in the judgment of 28 November 1991,

Declares that it has exercised its functions under

Article 54 (art. 54) of the Convention in this case.

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