Search
document

Document text Analytics

I. AND C. AGAINST SWITZERLAND

Doc ref: 10107/82 • ECHR ID: 001-49265

Document date: November 23, 1986

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

I. AND C. AGAINST SWITZERLAND

Doc ref: 10107/82 • ECHR ID: 001-49265

Document date: November 23, 1986

Cited paragraphs only

The Committee of Ministers, under the terms of Article 32 (art. 32)

of the Convention for the Protection of Human Rights and Fundamental

Freedoms (hereinafter referred to as "the convention"),

Having regard to the report drawn up by the European Commission of

Human Rights in accordance with Article 31 (art. 31) of the convention

relating to the application lodged by I. and C. against Switzerland

(Application No. 10107/82);

Whereas, on 11 February 1986, the Commission transmitted the said

report to the Committee of Ministers and whereas the period of three

months provided for in Article 32, paragraph 1 (art. 32-1), of the

convention has elapsed without the case having been brought before the

European Court of Human Rights in pursuance of Article 48 (art. 48)

of the convention;

Whereas, in their application introduced on 10 September 1982 and

8 June 1983, the applicants complained of a violation of the presumption

of innocence enshrined in Article 6, paragraph 2 (art. 6-2), of the

convention;

Whereas the Commission, after declaring the application admissible on

12 July 1984, in its report adopted on 4 December 1985 expressed

unanimously the opinion that there had been breach of the applicants'

rights under Article 6, paragraph 2 (art. 6-2), of the convention;

Agreeing with the opinion expressed by the Commission in accordance

with Article 31, paragraph 1 (art. 31-1), of the convention;

Whereas, during the examination of this case, the Government of

Switzerland reminded the Committee of Ministers that the question

raised by this application was similar to the one of the

Minelli case, on which the European Court of Human Rights had

delivered a judgment on 25 March 1983;

Whereas the Committee of Ministers, in the framework of its functions

under Article 54 (art. 54) of the convention, had been informed by the

Government of Switzerland of the measures taken following that

judgment of the Court (appendix to Resolution DH (83) 10);

Whereas the Government of Switzerland had seen, through publications,

that Swiss courts were informed of the judgment of the Court;

Whereas the Swiss Federal Court had taken into consideration the

judgment of the Court in various judgments delivered since

25 March 1983;

Whereas, on the other hand, the facts which gave rise to

Application No. 10107/82 had not profited by the case-law changes

since the Federal Court had taken its decision before the judgment of

the Court of 25 March 1983;

Voting in accordance with the provisions of Article 32, paragraph 1

(art. 32-1), of the convention,

a. Decides that in this case there has been a violation of

Article 6, paragraph 2 (art. 6-2), of the convention;

b. Decides, having regard to the information supplied by the

Government of Switzerland, that no further action is called for in

this case.

LEXI

Lexploria AI Legal Assistant