The Committee of Ministers, under the terms of Article 32 (art. 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 by the European Commission of
Human Rights in accordance with Article 31 (art. 31) of the Convention
relating to the application lodged by Mrs Gabriele Kröcher and
Mr Christian Möller against Switzerland (No. 8463/78);
Whereas on 20 April 1983 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 (art. 32-1), of the Convention
has elapsed without the case having been brought before the European
Court of Human Rights, in pursuance of Article 48 (art. 48) of the
Convention;
Whereas in their application introduced on 21 December 1978, the
applicants complained of an alleged violation of Article 3 (art. 3) of
the Convention underlining that the conditions of imprisonment, during
the whole period of their detention on remand as well as afterwards,
constituted a treatment contrary to this provision of the Convention
and whereas they further complained of an alleged violation of
Article 6 (art. 6), concerning encroachment of their right to
correspond with their lawyer;
Whereas the Commission, having declared the application partly
admissible on 9 June 1981, examined in its report adopted on
16 December 1982 the question whether the conditions of the
applicants' detention applied by the Swiss authorities in this case
were compatible with the terms of Article 3 (art. 3) of the
Convention;
Whereas the Commission has expressed the opinion, by eight votes to
five, that there had been no violation of Article 3 (art. 3) of the
Convention in this case;
Agreeing with the opinion expressed by the Commission in accordance
with Article 31, paragraph 1 (art. 31-1), of the Convention;
Voting in accordance with the provisions of Article 31, paragraph 1
(art. 31-1), of the Convention,
Decides that, in this case, there had been no violation of the
Convention for the Protection of Human Rights and Fundamental
Freedoms.