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 Lüdi case delivered on 15 June 1992 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 September 1986 under Article 25 (art. 25) of the Convention
by Mr Ludwig Lüdi, a Swiss national, who complained of the
interception of his telephone conversations combined with his
manipulation by an undercover agent and that his right to a fair
trial had been infringed and also his right to examine or have
examined witnesses against him;
Recalling that the case was brought before the Court by the
Commission on 8 March 1991 and by the Government of Switzerland
on 25 April 1991;
Whereas in its judgment of 15 June 1992 the Court:
- dismissed unanimously the government's preliminary
objection that the applicant was not a victim;
- held unanimously that there had not been a violation
of Article 8 (art. 8);
- held by eight votes to one that there had been a
violation of paragraph 1 in conjunction with
paragraph 3.d of Article 6 (art. 6-1, art. 6-3-d);
- held unanimously that the respondent State was to pay
the applicant within three months 15 000 Swiss francs
for costs and expenses;
- dismissed unanimously the remainder of the claim for just
satisfaction;
Having regard to the Rules adopted by the Committee of
Ministers concerning the application of Article 54 (art. 54) of
the Convention;
Having invited the Government of Switzerland to inform it
of the measures which had been taken in consequence of the
judgment of 15 June 1992, having regard to its obligation under
Article 53 (art. 53) of the Convention to abide by it;
Whereas, during the examination of the case by the Committee
of Ministers, the Government of Switzerland gave the Committee
information about the measures taken in consequence of the
judgment, which information appears in the appendix to this
resolution;
Having satisfied itself that the Government of Switzerland
has paid the applicant the sum provided for in the judgment,
Declares, after having taken note of the information
supplied by the Government of Switzerland, that it has exercised
its functions under Article 54 (art. 54) of the Convention in
this case.
Appendix to Resolution DH(92)61
Information provided by the Government of Switzerland
during the examination of the Lüdi case
by the Committee of Ministers
By letter dated 17 July 1992 the Federal Administration
brought the Court's judgment to the attention of the Federal
Court, the presidents of cantonal courts and of the heads of
cantonal justice departments inviting the latter to examine
whether the judgment might entail amending the criminal procedure
norms of their cantons.
Furthermore, in a judgment dated 7 August 1992 (ATF 1P
212/1992) the Federal Court recently held, with reference to
Article 6 (art. 6) of the Convention and to the Court's judgment
in the Lüdi case, that a conviction based on the testimony of an
undercover police agent is inadmissible when the accused has not
had the possibility in the course of the proceedings to be
confronted to that agent and have him heard. This judgment of
the Federal Court confirms that Switzerland has respected its
obligations stemming from the Lüdi judgment.
The sum awarded by the Court in respect of costs and
expenses was paid on 27 July 1992.
Full & Egal Universal Law Academy