HUBER CASE



     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 Huber case delivered on 23 October 1990 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 27 February 1987 under Article 25 (art. 25) of the

Convention by Mrs Jutta Huber, a Swiss national, who complained

that the District Attorney who successively exercised the

functions of investigation and prosecution in a criminal case

against her was not impartial;

     Recalling that the case was brought before the Court by the

Commission on 13 July 1989 and by the Government of Switzerland

on 28 July 1989;

     Whereas in its judgment of 23 October 1990 the Court:

-    held by twenty-one votes to one that there had been a

violation of Article 5, paragraph 3 (art. 5-3), of the

Convention;

-    held unanimously that Switzerland was to pay to the

applicant, in respect of costs and expenses, the sum of

4 492 Swiss francs;

-    dismissed unanimously the remainder of the claim for just

satisfaction;

     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 of 23 October 1990, 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 satisfied itself that the Government of Switzerland

has paid to the applicant the sum 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 (91)40

     Information provided by the Government of Switzerland

           during the examination of the Huber case

                 by the Committee of Ministers

     The Zurich Code of Criminal Procedure was partly amended on

1 September 1991.  This amendment will come into force

on 1 July 1992.

     According to Section 61 of the amended Code of Criminal

Procedure the official in charge of the investigation requests

as soon as possible, but at the latest within twenty-four hours

after the suspect's interrogation or appearance, a detention-on-

remand order, unless he decides on the person's release.  The

official in charge of the investigation submits his request for

a detention-on-remand order to the penal judge (Haftrichter),

stating the grounds and appending the documents necessary for

taking a decision.

     As shown by the wording of Section 61 of the amended Code

of Criminal Procedure, henceforth the District Attorney will no

longer be competent to take a decision as to the detention-on-

remand of the person charged.

     The sum awarded by the Court was paid on 14 March 1991.

 

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