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MINELLI CASE

Doc ref: 8660/79 • ECHR ID: 001-55415

Document date: June 23, 1983

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

MINELLI CASE

Doc ref: 8660/79 • ECHR ID: 001-55415

Document date: June 23, 1983

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 "Minelli" case, delivered on 25 March 1983 and transmitted the

same day to the Committee of Ministers;

Recalling that this case had its origin in an application against

Switzerland lodged on 20 June 1979 with the European Commission of

Human Rights under Article 25 (art. 25) of the Convention by a Swiss

citizen, Mr Ludwig Minelli, alleging violation of Article 6,

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

Recalling that this case had been brought before the Court by the

European Commission of Human Rights and by the Government of

Switzerland;

Whereas in its judgment of 25 March 1983 the Court unanimously:

1. Holds that there has been violation of Article 6, paragraph 2

(art. 6-2), of the Convention,

2. Holds that the respondent state is to pay to the applicant

eight thousand six hundred and sixty-eight Swiss francs and sixty five

centimes (8 668.65 SF) in respect of costs and expenses and rejects

the remainder of the claim for just satisfaction;

Having regard to the "Rules 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 obligations under Article 53 (art. 53) of the Convention

to abide by the judgment;

Whereas, during the examination of this case by the Committee of

Ministers, the Government of Switzerland informed the Committee of the

measures taken in consequence of the judgment of 25 March 1983, this

information being summarised in the appendix to this resolution;

Having satisfied itself that the Government of Switzerland has paid to

the applicant the just satisfaction granted by the Court in its

judgment of 25 March 1983,

Declares, 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 (83) 10

Information provided by the Government of Switzerland

during the examination of the "Minelli" case by

the Committee of Ministers

Following the judgment delivered by the European Court of Human Rights

on 25 March 1983, the Swiss Government informed the applicant

on 29 March that a sum of 8 668.65 SF, granted to the applicant by the

Court for costs and expenses under Article 50 (art. 50) of the

Convention, would be paid within the next few days. The applicant

acknowledged receipt of this sum in a letter dated 22 April 1983.

At the end of March 1983, the Swiss Government also informed the

Zurich Cantonal Justice Office, the Swiss Federal Court and the Swiss

Bar Association of the Court's judgment of 25 March 1983.

Furthermore, in order to provide appropriate distribution of the

judgment of 25 March 1983, the Federal Justice Office decided to

publish the main reasons given in the Minelli judgment in the review

entitled "Jurisprudence des authorités administratives de la

Confédération" and asked the editorial staffs of the "Revue suisse de

jurisprudence" and the "Journal des tribunaux" to publish the judgment

in one or other of the reviews. It is most likely that these

publications will help to publicise the principles laid down by the

Minelli judgment in Swiss criminal law circles, particularly at

cantonal level.

On the basis of the measures taken in this case, the Swiss Government

considers that it has fulfilled its obligations under Article 53

(art. 53) of the Convention.

LEXI

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