CASE OF HURTADO AGAINST SWITZERLAND



     The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights

and Fundamental Freedoms (hereinafter referred to as "the

Convention"),

     Having regard to the judgment of the European Court of Human

Rights in the case of Hurtado against Switzerland delivered on

28 January 1994 and transmitted the same day to the Committee of

Ministers;

     Recalling that the case originated in an application against

Switzerland lodged with the European Commission of Human Rights

on 30 October 1990 under Article 25 (art. 25) of the Convention

by Mr Antonio Hurtado, a Colombian national, who alleged that he

had suffered inhuman and degrading treatment during his arrest

by the Vaud cantonal police, and that he had been deprived of an

effective remedy;

     Recalling that the case was brought before the Court by the

Commission on 9 September 1993;

     Whereas in its judgment of 28 January 1994 the Court, having

taken formal note of a friendly settlement reached by the

Government of Switzerland and the applicant and having found that

there were no reasons of public policy justifying the

continuation of the proceedings, decided unanimously to strike

the case out of its list:

      Whereas under the above-mentioned friendly settlement it

was agreed that:

"1.  The Swiss Confederation agrees to pay to the applicant the

sum of 14 000 Swiss francs as a single, ex gratia payment to

cover all the claims made, including the costs and expenses

incurred by the applicant in Switzerland and Strasbourg as a

result of the events which led him to lodge application

No. 17549/90 with the European Commission of Human Rights.

2.   This payment shall in no way constitute recognition by the

Swiss authorities that there has been a violation of the

provisions of the European Convention on Human Rights.

3.   In view of the undertaking referred to under 1., the

applicant and the Swiss Government ask the Court to strike the

case out of the list in accordance with Rule 49, paragraph 2, of

the Rules of Court, as the friendly settlement proposed is such

as to provide a solution of the matter.

4.   The applicant states in addition that he considers the case

to be settled and undertakes not to bring before the national or

international authorities other claims arising out of the events

which led to the above-mentioned application being lodged."

     Recalling that Rule 49, paragraph 3, of the Court's Rules

provides that the striking out of a case shall be effected by

means of a judgment which the President shall forward to the

Committee of Ministers in order to allow it to supervise, in

accordance with Article 54 (art. 54) of the Convention, the

execution of any undertakings which may have been attached to the

discontinuance or solution of the matter;

     Having satisfied itself that on 8 February 1994 the

Government of Switzerland has paid the applicant the sum provided

for in the friendly settlement,

     Declares that it has exercised its functions under

Article 54 (art. 54) of the Convention in this case.

 

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