CHRISTINET AGAINST SWITZERLAND

Doc ref: 7648/76 • ECHR ID: 001-49234

Document date: November 29, 1979

Doc ref: 7648/76 • ECHR ID: 001-49234

Document date: November 29, 1979

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 Louis Christinet against

Switzerland (No. 7648/76);

Whereas on 30 March 1979 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 submitted on 15 June 1976, the applicant

made various allegations under Articles 5 and 6 (art. 5, art. 6)

of the Convention regarding his detention for an indeterminate period

by an order of the competent administrative authority which was given

on revocation of his conditional release, and the relevant court

procedures;

Whereas the Commission declared the application admissible on

6 December 1977 in so far as it related to Article 5 (art. 5) and, in

its report adopted on 1 March 1979, examined whether the Swiss

legislation complained of, which relates to the detention of habitual

offenders as security measures, constitutes as regards the applicant

an infringement of the rights conferred on him by Article 5 (art. 5)

of the Convention;

Whereas in its report, the Commission expressed the opinion by eight

votes to one, with one abstention, that the situation complained of by

the applicant complies with the requirements of Article 5,

paragraph 1.a (art. 5-1-a), and unanimously that there was no

violation of Article 5, paragraph 4 (art. 5-4), of the Convention;

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 32, paragraph 1

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

Decides that in this case there has been no violation of the

Convention for the Protection of Human Rights and Fundamental

Freedoms.

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