KRÖCHER AND MÖLLER AGAINST SWITZERLAND

Doc ref: 8463/78 • ECHR ID: 001-49252

Document date: November 10, 1983

Doc ref: 8463/78 • ECHR ID: 001-49252

Document date: November 10, 1983

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 Mrs Gabriele Kröcher and

Mr Christian Möller against Switzerland (No. 8463/78);

Whereas on 20 April 1983 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 21 December 1978, the

applicants complained of an alleged violation of Article 3 (art. 3) of

the Convention underlining that the conditions of imprisonment, during

the whole period of their detention on remand as well as afterwards,

constituted a treatment contrary to this provision of the Convention

and whereas they further complained of an alleged violation of

Article 6 (art. 6), concerning encroachment of their right to

correspond with their lawyer;

Whereas the Commission, having declared the application partly

admissible on 9 June 1981, examined in its report adopted on

16 December 1982 the question whether the conditions of the

applicants' detention applied by the Swiss authorities in this case

were compatible with the terms of Article 3 (art. 3) of the

Convention;

Whereas the Commission has expressed the opinion, by eight votes to

five, that there had been no violation of Article 3 (art. 3) of the

Convention in this case;

Agreeing with the opinion expressed by the Commission in accordance

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

Voting in accordance with the provisions of Article 31, paragraph 1

(art. 31-1), of the Convention,

Decides that, in this case, there had been no violation of the

Convention for the Protection of Human Rights and Fundamental

Freedoms.

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