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 Schönenberger and Durmaz, delivered on 20 June 1988 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 10 January 1985 under Article 25 (art. 25) of the Convention
by Mr Edmund Schönenberger, a Swiss national, and Mr Mehmet Durmaz, a
Turkish national, who complained of the stopping by the district
prosecutor of Pfäffikon (Canton of Zurich) of a letter sent by
Mr Schönenberger, a lawyer acting on the instructions of Mr Durmaz's
wife, to Mr Durmaz, who at the time was detained on remand, the
applicants alleging violations of Articles 8 and 10 (art. 8,
art. 10) of the convention;
Recalling that the case was brought before the Court by the Commission
on 13 March 1987 and by the Government of Switzerland on
13 April 1987;
Whereas in its judgment of 20 June 1988 the Court held unanimously:
- that there had been a breach of Article 8 (art. 8);
- that no separate issue arose under Article 10 (art. 10);
- that the defendant state was to pay to Mr Schönenberger and
Mr Durmaz the amounts of 6 320 Swiss francs and 2,750 Swiss francs
respectively;
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, 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 satified itself that the Government of Switzerland has paid to
the applicants the sums 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 (89) 12
Information provided by the Government of Switzerland during the
examination of the case of Schönenberger and Durmaz before the
Committee of Ministers
Following the judgment of the Court of 20 June 1988, the Government of
Switzerland paid the applicants the sums of 6 320 Swiss francs and
2 750 Swiss francs awarded by the Court in respect of costs and
expenses.
By letter of 30 June 1988, the Federal Justice and Police Department
officially brought the judgment of the Court to the notice of the
Directorate of Justice for the Canton of Zurich.
Furthermore, in order to ensure wide publicity for the judgment, the
Federal Office of Justice decided to publish it in the journal
entitled "Jurisprudence des autorités administratives de la
Confédération" (Year 1988, Vol. IV). This will ensure that Swiss
legal circles become acquainted with the principles enshrined in the
judgment. Thus, Swiss practice and case-law will in future take
account of the requirements which the judgment imposes. It may also
be noted that the Swiss Federal Court has already referred in a recent
decision (unpublished judgment of 2 November 1988) to the judgment of
the European Court of Human Rights in the Schönenberger and Durmaz
case.