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QUARANTA CASE

Doc ref: 12744/87 • ECHR ID: 001-55518

Document date: November 18, 1991

Inbound citations: 1
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Cited paragraphs: 0
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QUARANTA CASE

Doc ref: 12744/87 • ECHR ID: 001-55518

Document date: November 18, 1991

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 Quaranta case delivered on 24 May 1991 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 18 December 1986 under Article 25 (art. 25) of the Convention

by Mr Claudio Quaranta, an Italian national, who complained that

the president of a criminal court of the Vaud canton refused to

grant him free legal assistance during the investigation and at

his trial;

Recalling that the case was brought before the Court by the

Commission on 6 April 1990 and by the Government of Switzerland

on 27 June 1990;

Whereas in its judgment of 24 May 1991 the Court

unanimously:

- held that there had been a violation of Article 6,

paragraph 3.c (art. 6-3-c) of the Convention;

- held that Switzerland was to pay to the applicant, for non-

pecuniary damage, 3 000 Swiss francs and for costs and expenses,

7 000 Swiss francs less 10 441 French francs, to be converted

into Swiss francs at the exchange rate applicable on the day of

delivery of the judgment;

- rejected 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 24 May 1991, 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 sums 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 (91) 32

Information provided by the Government of Switzerland

during the examination of the Quaranta case

by the Committee of Ministers

Following the Court's judgment of 24 May 1991, the Swiss

Government paid on 6 June 1991 the sum of 7 301 Swiss francs,

awarded by the Court as just satisfaction for non-pecuniary

damage and for costs and expenses.

In order to determine whether the "interests of justice"

required free legal assistance, the Court pointed out that it was

having regard to various criteria which correspond to a large

extent to those put forward by the Swiss Government. However,

in the present case, it is the way in which the Swiss judicial

authorities applied them that differed from the Court's approach

(paragraph 32 of the judgment). Therefore, it is the Swiss

Government's view that this judgment does not require any measure

of execution other than payment of the sums provided for in the

judgment.

In the light of the foregoing, the Government of Switzerland

considers that it has fulfilled the obligations imposed on it

under Article 53 (art. 53) of the European Convention of Human

Rights.

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