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 I. and C. against Switzerland
(Application No. 10107/82);
Whereas, on 11 February 1986, 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 their application introduced on 10 September 1982 and
8 June 1983, the applicants complained of a violation of the presumption
of innocence enshrined in Article 6, paragraph 2 (art. 6-2), of the
convention;
Whereas the Commission, after declaring the application admissible on
12 July 1984, in its report adopted on 4 December 1985 expressed
unanimously the opinion that there had been breach of the applicants'
rights under Article 6, paragraph 2 (art. 6-2), of the convention;
Agreeing with the opinion expressed by the Commission in accordance
with Article 31, paragraph 1 (art. 31-1), of the convention;
Whereas, during the examination of this case, the Government of
Switzerland reminded the Committee of Ministers that the question
raised by this application was similar to the one of the
Minelli case, on which the European Court of Human Rights had
delivered a judgment on 25 March 1983;
Whereas the Committee of Ministers, in the framework of its functions
under Article 54 (art. 54) of the convention, had been informed by the
Government of Switzerland of the measures taken following that
judgment of the Court (appendix to Resolution DH (83) 10);
Whereas the Government of Switzerland had seen, through publications,
that Swiss courts were informed of the judgment of the Court;
Whereas the Swiss Federal Court had taken into consideration the
judgment of the Court in various judgments delivered since
25 March 1983;
Whereas, on the other hand, the facts which gave rise to
Application No. 10107/82 had not profited by the case-law changes
since the Federal Court had taken its decision before the judgment of
the Court of 25 March 1983;
Voting in accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the convention,
a. Decides that in this case there has been a violation of
Article 6, paragraph 2 (art. 6-2), of the convention;
b. Decides, having regard to the information supplied by the
Government of Switzerland, that no further action is called for in
this case.