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 on 24 February 1995 by the European
Commission of Human Rights in accordance with
Article 31 (art. 31) of the Convention relating to the application lodged on 23
May 1990 by the company S., C. and Co, represented by Mr M.S., the company's
employes: Mr M.S., the heirs of G.C.,
Mr C.J., Ms E.S., Mr M.S. and Mr H.O. against Switzerland (Application No.
16744/90);
Whereas on 29 March 1995 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, as declared admissible by the Commission on
11 January 1994, the applicants complained of the absence of independence and
impartiality before the board of appeal for foreign compensation, the length and
the absence of publicity of certain proceedings;
Whereas in its report the Commission expressed, unanimously, the opinion
that there had been no violation of Article 6, paragraph 1 (art. 6-1), of the
Convention as regards the character of independence and impartiality of the
board of appeal for foreign compensation; that there had been a violation of
Article 6, paragraph 1 (art. 6-1), of the Convention as regards the absence of a
public hearing and that there had been no violation of Article 6, paragraph 1
(art. 6-1), of the Convention as regards the length of the proceedings;
Whereas, at the 542nd meeting of the Ministers' Deputies held on 7
September 1995, the Committee of Ministers, agreeing with the opinion expressed
by the Commission, held, having voted in accordance with the provisions of
Article 32, paragraph 1
(art. 32-1), of the Convention, that there had been in this case a violation of
Article 6, paragraph 1 (art. 6-1), of the Convention as regards the absence of a
public hearing, that there had been no violation of Article 6, paragraph 1 (art.
6-1), of the Convention as regards the right to an independent and impartial
court and that there had been no violation of Article 6, paragraph 1 (art. 6-1),
of the Convention as regards the length of the proceedings;
Whereas the Committee of Ministers examined the proposals made by the
Commission when transmitting its report as regards just satisfaction to be
awarded to the applicants, proposals supplemented by a letter of the President
of the Commission dated 26 January 1996;
Whereas, at the 559th meeting of the Deputies held on
22 March 1996, the Committee of Ministers decided, in accordance with Article
32, paragraph 2 (art. 32-2), of the Convention, that the Government of
Switzerland was to pay jointly to the six applicants as just satisfaction,
within three months, 3 000 Swiss francs in respect of non-pecuniary damage and 2
500 Swiss francs in respect of costs and expenses, namely a total sum of 5 500
Swiss francs and that interest on any non-paid sum at the statutory rate
applicable on the date of this decision should be payable from the expiry of the
above-mentioned three months time-limit until settlement;
Whereas the Committee of Ministers invited the Government of Switzerland
to inform it of the measures taken following its decisions of 7 September 1995
and 22 March 1996, having regard to Switzerland's obligation under Article 32,
paragraph 4 (art. 32-4), of the Convention to abide by them;
Whereas during the examination of the case by the Committee of Ministers,
the Government of Switzerland gave the Committee information about the measures
taken, which information appears in the appendix to this resolution;
Whereas the Committee of Ministers satisfied itself that on
4 June 1996, within the time-limit set, the Government of Switzerland paid the
applicants the total sum of 5 500 Swiss francs as just satisfaction,
Declares, having taken note of the measures taken by the Government of
Switzerland, that it has exercised its functions under Article 32 (art. 32) of
the Convention in this case;
Authorises the publication of the report adopted by the Commission in this
case.
Appendix to Resolution DH (96) 467
Information provided by the Government of Switzerland
during the examination of the case of M. S. and others
by the Committee of Ministers
The order of 3 February 1993 which deals with the organisation and
procedure of the Federal appeal and arbitration boards provides under Article 23
for the principle of public hearings. Appendix 1 of the above-mentioned text,
which lists the appeal boards covered by this text, includes notably the appeal
and arbitration board, involved in the present case.
This order entered into force on 1 January 1994.
On 24 February 1995, when the European Commission of Human Rights adopted its
report, measures had therefore already been taken in order to avoid the
repetition of the violation found.
The Government of Switzerland considers therefore that these measures will
prevent the repetition of the violation found in the present case and that it
has fulfilled its obligations under the Convention.
Full & Egal Universal Law Academy