JOINT DISSENTING OPINION OF JUDGES WIARDA, RYSSDAL AND GANSHOF VAN DER MEERSCH

(Translation)

We regret that we are unable to concur with the decision taken by the majority of the Court.

Striking out the case would appear to satisfy the individual interests of the applicant, who indeed concedes that this is so. On the other hand, such a decision does not seem to us to be consonant with the general interest attaching to observance of human rights, which interest the Court is responsible for safeguarding (Rule 48 para. 4 of the Rules of Court).

The issue to be determined in the present case was whether, following his arrest, Mr. Skoogström had been "brought promptly before a judge or other officer authorised by law to exercise judicial power" as required by Article 5 para. 3 (art. 5-3) of the Convention. In particular, the case provided an opportunity for examining whether the district prosecutor can be regarded as such a judicial "officer".

This question of principle - the importance of which the Government themselves emphasised in their memorial - was answered by the Commission in its report, to which, moreover, reference was made in the friendly settlement concluded between the Government and the applicant. We do not doubt that the Swedish authorities will do their utmost to act in the manner explained in that settlement. However, the settlement indicates neither the nature of the amendments that will be made to the Code of Judicial Procedure, nor when those amendments will be proposed (see, mutatis mutandis, the Tyrer judgment of 25 April 1978 , Series A no. 26, pp. 13-14, para. 25). On this point, we share the opinion of the Delegate of the Commission. Above all, we believe that the Court would have answered the expectations of the Commission and enlightened the Swedish legislature had it, without further delay, given a ruling on the merits of the case.

[*]  Note by the Registrar:  The revised Rules of Court, which entered      into force on 1 January 1983 , are applicable to the present case.