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BELILOS CASE

Doc ref: 10328/83 • ECHR ID: 001-55474

Document date: September 19, 1989

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Cited paragraphs: 0
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BELILOS CASE

Doc ref: 10328/83 • ECHR ID: 001-55474

Document date: September 19, 1989

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 Belilos case, delivered on 29 April 1988 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 24 March 1983 under Article 25 (art. 25) of the Convention by

Mrs Marlène Belilos, a Swiss national, who complained that she had

been fined, for a criminal offence, by an administrative authority

- namely, the Lausanne (Canton of Vaud) Police Board - which was not

an "independent and impartial tribunal" within the meaning of

Article 6, paragraph 1 (art. 6-1), of the Convention, and that the

available forms of appeal had not remedied this deficiency as neither

of the two courts concerned had full jurisdiction to re-examine

questions both of fact and of law;

Recalling that the case was brought before the Court by the Commission

on 18 July 1986 and by the Government of Switzerland on

22 September 1986;

Whereas in its judgment of 29 April 1988 the Court unanimously:

- held that there had been a breach of Article 6, paragraph 1

(art. 6-1), of the Convention;

- held that the respondent State was to pay the applicant in respect

of costs and expenses the sum of 11 750 Swiss francs, less

8 822 French francs to be converted into Swiss francs at the rate

applicable on the date 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, 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 to

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 (89) 24

Information provided by the Government of Switzerland during the

examination of the Belilos case before the Committee of Ministers

In execution of the Court's judgment of 29 April 1988, the Swiss

Government has paid to the applicant the sum of 9 550 Swiss francs for

costs and expenses.

In a letter dated 6 June 1988, the Swiss Government notified the Swiss

cantons of the Court's judgment of 29 April 1988, drawing their

attention to their obligation to respect this judgment and asking them

to draw the legal consequences therefrom in respect of the criminal

law aspect of Article 6, paragraph 1 (art. 6-1), of the Convention.

The Canton of Vaud, which was directly concerned by the Court's

judgment, decided to amend its Act of 17 November 1969 on municipal

sentences, which had been called into question by the Belilos case.

The legislative amendment was made by an Act of 1 March 1989, which

came into force on 2 May 1989. The new Act instituted a procedure of

appeal to the Police Court (or to the President of the Juvenile Court

in the case of minors aged under 18) against any sentence pronounced

by a municipality. Section 53 of the Act provides that the President

of the Court "shall freely review the case as to the facts and the

law".

Where the civil law aspect of Article 6, paragraph 1 (art. 6-1), of

the Convention is concerned, the Swiss Government, on 16 May 1988,

gave the Secretary General of the Council of Europe clarification of

the declaration on interpretation made by Switzerland in 1974.

Furthermore, with a view to ensuring that the judgment of

29 April 1988 was distributed as appropriate, the Federal Chancellor's

Office published the main grounds of this judgment in the journal

known as the "Jurisprudence des autorités administratives de la

Confédération" (Case law of the administrative authorities of the

Confederation) (JAAC 1988 IV, Nos. 65, 84, 85 and 86).

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