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 Mr Karl Adler against
Switzerland (No. 9486/81);
Whereas on 29 April 1985 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 7 August 1981 the applicant
complained that the public law action for damages brought by him
against the Swiss Confederation had been examined in first and last
instance by the 1st section of public law of the Swiss Federal Court,
without a public hearing, in violation of Article 6, paragraph 1
(art. 6-1), of the convention;
Whereas the Commission declared the application admissible on
3 March 1983 and in its report adopted on 15 March 1985 it expressed
unanimously the opinion that Article 6, paragraph 1 (art. 6-1), of the
convention had been violated for the reason that the Federal Court had
in first and last instance rejected the applicant's action without a
public hearing;
Agreeing with the opinion expressed by the Commission in accordance
with Article 31, paragraph 1 (art. 31-1), of the convention;
Having examined the proposals made by the Commission in accordance
with Article 31, paragraph 3 (art. 31-3), of the convention;
Whereas during the examination of this case the Swiss Government
informed the Committee of Ministers that the Swiss authorities had
already taken general measures designed to remedy the procedural
defect found and that in addition they were prepared to take such
specific measures as those proposed by the Commission if the Committee
of Ministers would decide that there had been a violation of the
convention in this case,
Takes note, with satisfaction:
- that the Swiss Federal Court has taken administrative measures so as
to prevent similar cases from occurring in the future;
- that, following the decision of the Committee of Ministers under
Article 32, paragraph 1 (art. 32-1), of the convention, the Swiss
Government, having taken into consideration the proposals made by the
Commission in accordance with Article 31, paragraph 3 (art. 31-3), of
the convention, has paid for compensation to the applicant the sum of
3 000 Swiss Francs;
Voting in accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the convention,
a. Decides that there had been a violation of Article 6, paragraph 1
(art. 6-1), of the convention in this case;
b. Decides that no further action is called for in this case.