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 Zimmermann and Steiner case, delivered on 13 July 1983 and
transmitted the same day to the Committee of Ministers;
Recalling that this case had its origin in an application against
Switzerland lodged on 30 August 1979 with the European Commission of
Human Rights under Article 25 (art. 25) of the Convention by two Swiss
citizens Mr Werner Zimmermann and Mr Johann Steiner, alleging
violation of Article 6, paragraph 1 (art. 6-1), of the Convention;
Recalling that this case had been brought before the Court by the
European Commission of Human Rights and by the Government of
Switzerland;
Whereas in its judgment of 13 July 1983 the Court unanimously;
- Holds that there has been a violation of Article 6, paragraph 1
(art. 6-1), of the Convention;
- Holds that the respondent state is to pay to the applicants two
thousand four hundred and sixty Swiss francs (2 460 SF) in respect of
costs and expenses;
- Rejects the remainder of the claim for just satisfaction;
Having regard to the "Rules 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 the judgment;
Whereas, during the examination of this case by the Committee of
Ministers, the Government of Switzerland informed the Committee of the
measures taken in consequence of the judgment, this information being
summarised at the appendix to this Resolution;
Having satisfied itself that the Government of Switzerland has paid to
the applicant the sum awarded by the Court in respect of costs and
expenses in its judgment;
Taking note of the information supplied by the Government of
Switzerland,
Declares that it has exercised its functions under Article 54
(art. 54) of the Convention in this case.
Appendix to Resolution DH (83) 17
Information provided by the Government of Switzerland
during the examination of the Zimmermann and Steiner case
by the Committee of Ministers
Following the judgment delivered by the European Court of Human Rights
on 13 July 1983, the Swiss Government informed the applicants on
20 July that the expenses of 2 460 SF awarded to them by the Court under
Article 50 (art. 50) of the Convention would shortly be paid over.
Payment was made on 11 August 1983. On request, the applicants'
representative acknowledged receipt of payment on 25 September 1983.
The Swiss Federal Court learned immediately of the judgment since it
was represented by its Registrar at the delivery of judgment in
Strasbourg. The Swiss Government informed Parliament of the judgment
through the appropriate channels.
To ensure that specialist circles are suitably notified of the
judgment, the Federal Department of Justice has communicated it to the
Swiss Bar Association, the "Revue suisse de Jurisprudence" and the
"Journal des tribunaux". It has also decided to publish the judgment's
main points of law in the periodical "Jurisprudence des autorités
administratives de la Confédération".
With regard to planned general measures incidental to the case, the
Swiss Government points out that a total revision of the 1943 Federal
Judicature Act is contemplated and that the Federal Office of Justice
and Police recently sent the appropriate quarters a preliminary draft
for comment (see paragraph 16 of the judgment). In addition, to deal
effectively with the Federal Court's present excess workload and
enable the Court, which includes at present thirty judges and fifteen
substitutes, to catch up on its backlog of cases, the Swiss Government
decided on 19 October 1983 to put a proposal to Parliament to
reinforce the Court for a limited period with fifteen part-time
substitute judges.
In view of the measures taken and planned, the Swiss Government
considers that it has fulfilled its obligations under Article 53
(art. 53) of the Convention.