The Committee of Ministers, acting under the terms of Article 32

(art. 32) of the European 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 Mr Herbert Eggs against

Switzerland (Application No. 7431/76);

Whereas on 17 April 1978 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 29 December 1975, the

applicant alleged that the strict arrest imposed on him while serving

a period of military service constituted a deprivation of liberty

incompatible with Article 5, paragraph 1 (art. 5-1), of the

convention, that he was unable to contest the lawfulness of his

detention before a court in accordance with Article 5, paragraph 4

(art. 5-4), of the convention and that there had been a violation of

Article 6 (art. 6) of the convention, asserting that the proceedings

taken against him in fact concerned a criminal charge;

Whereas the Commission, in its decision of 11 December 1976 on the

admissibility, after having rejected various complaints by the

applicant relating in particular to the conditions in which his

detention was enforced, found that the complaints in respect of

Articles 5 and 6 (art. 5, art. 6) of the convention raised important

problems and were of such complexity as to warrant an examination of

the merits of the case;

Whereas the Commission, in its report adopted on 4 March 1978,

considered that because of the duties he performs, the Chief Military

Prosecutor of the Swiss Army cannot be likened to a "competent court"

and that therefore the strict arrest imposed on the applicant cannot

be justified under Article 5, paragraph 1.a (art. 5-1-a), that the

refusal to obey an order concerning the performance of fatigues in

peace time is clearly a disciplinary matter and that it does not, in

the particular sector of the armed forces, affect the general

interests of the society normally protected by the criminal law and

therefore that the penalty which resulted in a deprivation of liberty

could not in this case be classified as criminal;

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

twelve votes to two, that there had been a violation of Article 5,

paragraph 1 (art. 5-1), of the convention, by eleven votes to three

that there is no need for it to consider the deprivation of liberty in

regard to Article 5, paragraph 4 (art. 5-4), of the convention and

unanimously that there was no criminal charge against the applicant

within the meaning of Article 6, paragraph 1 (art. 6-1), of the

convention;

Whereas during the examination of this case, the Committee of

Ministers was informed by the Government of Switzerland that, on

7 March 1977, the Federal Council submitted a communication to the

Chambers concerning amendments of the military penal code and a

complete review of judicial organisation and criminal procedure as

they applied to the Federal Army, that one of the chief aims of this

change was to substitute for the Chief Military Prosecutor, as the

appeal authority, a judge having full power to review judgments, and

that furthermore, complaints and appeal in disciplinary cases would

always have a suspensive effect, that during their session in

March 1979, the Federal Chambers finally approved amendments of the

Federal legislation along the lines indicated, that the referendum

deadline set for the two Acts expired on 2 July 1979 without use

having been made of it and that therefore at its sitting of

11 July 1979 the Federal Council decided that the two Acts would come

into force on 1 January 1980,

a.  Takes note of the opinion of the European Commission of Human

Rights contained in its report transmitted on 17 April 1978 to the

Committee of Ministers in accordance with Article 31, paragraph 2

(art. 31-2), of the convention;

b.  Takes note of the adoption by the Swiss Federal Assembly on

23 March 1979 of the modification to the Military Penal Code and of a

new law on military penal procedure, both of which will enter into

force on 1 January 1980;

c.  Takes note of the fact that the Government of Switzerland does not

object to the publication of the report of the Commission.