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CASE OF SCHÖNENBERGER AND DURMAZ

Doc ref: 11368/85 • ECHR ID: 001-55469

Document date: April 27, 1989

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Cited paragraphs: 0
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CASE OF SCHÖNENBERGER AND DURMAZ

Doc ref: 11368/85 • ECHR ID: 001-55469

Document date: April 27, 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 case of Schönenberger and Durmaz, delivered on 20 June 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 10 January 1985 under Article 25 (art. 25) of the Convention

by Mr Edmund Schönenberger, a Swiss national, and Mr Mehmet Durmaz, a

Turkish national, who complained of the stopping by the district

prosecutor of Pfäffikon (Canton of Zurich) of a letter sent by

Mr Schönenberger, a lawyer acting on the instructions of Mr Durmaz's

wife, to Mr Durmaz, who at the time was detained on remand, the

applicants alleging violations of Articles 8 and 10 (art. 8,

art. 10) of the convention;

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

on 13 March 1987 and by the Government of Switzerland on

13 April 1987;

Whereas in its judgment of 20 June 1988 the Court held unanimously:

- that there had been a breach of Article 8 (art. 8);

- that no separate issue arose under Article 10 (art. 10);

- that the defendant state was to pay to Mr Schönenberger and

Mr Durmaz the amounts of 6 320 Swiss francs and 2,750 Swiss francs

respectively;

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 satified itself that the Government of Switzerland has paid to

the applicants 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 (89) 12

Information provided by the Government of Switzerland during the

examination of the case of Schönenberger and Durmaz before the

Committee of Ministers

Following the judgment of the Court of 20 June 1988, the Government of

Switzerland paid the applicants the sums of 6 320 Swiss francs and

2 750 Swiss francs awarded by the Court in respect of costs and

expenses.

By letter of 30 June 1988, the Federal Justice and Police Department

officially brought the judgment of the Court to the notice of the

Directorate of Justice for the Canton of Zurich.

Furthermore, in order to ensure wide publicity for the judgment, the

Federal Office of Justice decided to publish it in the journal

entitled "Jurisprudence des autorités administratives de la

Confédération" (Year 1988, Vol. IV). This will ensure that Swiss

legal circles become acquainted with the principles enshrined in the

judgment. Thus, Swiss practice and case-law will in future take

account of the requirements which the judgment imposes. It may also

be noted that the Swiss Federal Court has already referred in a recent

decision (unpublished judgment of 2 November 1988) to the judgment of

the European Court of Human Rights in the Schönenberger and Durmaz

case.

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