Resolution CM/ResDH(2008)23[1]
Execution of the judgments of the European Court of Human Rights
G.B. and M.B. against Switzerland
(G.B. application No. 27426/95 judgment of 30 November 2000)
(M.B. application No. 28256/95 judgment of 30 November 2000)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the judgments transmitted by the Court to the Committee once they had become final;
Recalling that the violations of the Convention found by the Court in these cases concern the excessive length of time taken to examine the applicants' requests for release from detention on remand (violations of Article 5§4) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with Switzerland's obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;
Having examined the information provided by the government in accordance with the Committee's Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit set, the respondent state paid the applicants the just satisfaction provided in the judgments (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of
- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- general measures preventing, similar violations;
Having examined the measures taken by the respondent state to that effect, the details of which appear in the Appendix;
DECLARES, having examined the measures taken by the respondent state (see Appendix) and considering the decision taken at the 810th meeting of the Ministers' Deputies (10 October 2002), that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination of these cases.
Appendix to Resolution CM/ResDH(2008)23
Information about the measures taken to comply with the judgments
in the cases of G.B. and M.B. against Switzerland
Introductory case summary
These cases concern the excessive length of time taken to examine the applicants' requests for release from detention on remand (respectively 32 and 34 days) (violations of Article 5§4).
I.Payments of just satisfaction and individual measures
a) Details of just satisfaction
Name and application number
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
G.B.
No. 27426/95
-
2 000 FS
4 000 FS
6 000 FS
Paid on 5 April 2001
M.B.
No. 28256/95
-
-
4 000 FS
4 000 FS
Paid on 5 April 2001
b) Individual measures
On 5 March 2001, the Swiss authorities sent the relevant judgment of the European Court of Human Rights to each applicant so that they might ask, if they so wished, for the review of the decisions of the Chamber of indictment of the Federal Tribunal.
II.General measures
As from 5 March 2001, the judgments of the European Court were disseminated to the Chamber of indictment of the Federal Tribunal and to cantonal offices of justice (“départements cantonaux de justice”).
The judgment of the Court in the case of G.B.has been published in Jurisprudence des autorités administratives de la Confédération (JAAC) [vol. 65 [2001] fasc. VI, Nr. 123)
Moreover, a summary of the G.B. and M.B. cases was published in the 2001 Report of the Federal Council concerning the activities of Switzerland at the Council of Europe, which has been published in the Feuille fédérale (official gazette) No. 8/2002.
Having regard to the direct effect granted by the domestic courts to the case-law of the European Court of Human Rights, the Government is of the opinion that these measures of publication and dissemination will avoid the repetition of the violation found in these cases.
III.Conclusions of the respondent state
The government considers that the measures taken have remedied the consequences for the applicants of the violations of the Convention found by the European Court in these cases, that these measures will prevent new, similar violations and that Switzerland has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 27 March 2008 at the 1020th meeting of the Ministers’ Deputies
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