Final Resolution CM/ResDH(2007)12
Human Rights
Application No. 27613/95
P.B. against Switzerland
(Adopted by the Committee of Ministers on 28 February 2007,
at the 987th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to Interim Resolution DH (2000)83, adopted on 29 May 2000 in the case of P.B. against Switzerland, in which the Committee of Ministers decided that there had been a violation of Article 5, paragraph 4, of the Convention because the decision on the lawfulness of the applicant’s detention had not been taken speedily, and to make public the report of the European Commission of Human Rights;
Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the Special Committee of counselors in charge of assisting the Committee of Ministers on the just satisfaction issue dated 9 April 2001;
Whereas at the 757th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 26 June 2001, in accordance with former Article 32, paragraph 2, of the Convention, that the government of the respondent state was to pay the applicant as just satisfaction, within three months, 7 000 CHF in respect of non-pecuniary damage and 3 225 CHFin respect of costs and expenses, namely a total sum of 10 225 CHF, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;
Whereas the Committee of Ministers invited the government of the respondent state to inform it of the measures taken following its decisions of 29 May 2000 and 26 June 2001, having regard to Switzerland’s obligation under former Article 32, paragraph 4, of the Convention to abide by them;
Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state drew the Committee’s attention to the fact that, on account of the specific circumstances of the case, new similar violations of the Convention could be avoided for the future by informing the authorities concerned of the requirements of the Convention: copies of the Commission’s report had accordingly been sent out to the Federal Court and to the Department of justice and security of the Thurgovie Canton; in addition, the Commission’s report has been mentioned, together with a presentation of the main legal aspects of the case, in volume 64(2000) of the Review « Jurisprudence des autorités administratives de la Confédération » under n°135 ; lastly, the text published can be found on line at the following address : ;
Whereas the Committee of Ministers satisfied itself that on 12 June 2001, within the time-limit set, the government of the respondent state had paid the applicant the total sum of 10 225 CHF as just satisfaction,
Having examined the measures taken by the respondent state (see Appendix) and considering the decision taken at the 810th meeting of the Ministers’ Deputies (October 2002).
Declares that it has exercised its functions under former Article 32 of the Convention in this case, and
DECIDES to close its examination.
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