Interim Resolution DH (2000) 88
Human Rights
Application No. 26452/95
D’Amico H. and S. against Switzerland
(Adopted by the Committee of Ministers on 29 May 2000
at the 709th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to the report drawn up on 8 September 1999 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 31 January 1995 by a Swiss national, Ms Heidi D’Amico and her husband, an Italian national, Mr Salvatore D’Amico, against Switzerland;
Whereas on 14 October 1999 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights pursuant to Article 48 of the Convention;
Whereas in their application, as declared admissible by the Commission on 16 April 1998, the applicants complained of the excessive length of certain proceedings concerning civil rights and obligations before the administrative courts;
Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention;
Whereas at the 709th meeting of the Ministers’ Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 29 May 2000, that there had been in this case a violation of Article 6, paragraph 1, of the Convention,
Authorises the publication of the report adopted by the Commission in this case;
Decides to pursue the examination of the present case, in accordance with Article 32 of the Convention with a view to adopting the final resolution.
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