PANNETIER AGAINST SWITZERLAND

Doc ref: 9299/81 • ECHR ID: 001-49259

Document date: May 30, 1986

Doc ref: 9299/81 • ECHR ID: 001-49259

Document date: May 30, 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 relating to the application lodged by Mr Pierre Pannetier

against Switzerland (Application No. 9299/81);

Whereas on 17 September 1985 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 his application introduced on 13 February 1981 the

applicant complains mainly of the length of criminal proceedings

lodged against him by the Swiss judicial authorities, alleging a

violation of Article 6, paragraphs 1, 2 and 3.d (art. 6-1, art. 6-2,

art. 6-3-d) of the convention;

Whereas the Commission after having declared the application

admissible on 13 March 1984, in its report, after having considered

that the Swiss authorities had implicitly acknowledged and in

substance afforded redress for any damage suffered by the applicant

owing to the length of the proceedings, and that it was not therefore

required to decide whether there had been a breach of Article 6,

paragraph 1 (art. 6-1) of the convention in this case, concluded, by

eleven votes with two abstentions, that the applicant could not claim

to be the victim, within the meaning of Article 25 (art. 25) of the

convention, of a violation by Switzerland of the rights enshrined in

Article 6, paragraph 1 (art. 6-1);

Having regard to the opinion formulated by the Commission,

Decides that in this case the applicant cannot claim, under Article 25

(art. 25) of the convention, to be a victim of a violation by

Switzerland of the rights set forth in Article 6, paragraph 1

(art. 6-1), and that in these conditions no further action is called

for on the part of the Committee of Ministers in this matter.

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