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 "Minelli" case, delivered on 25 March 1983 and transmitted the
same day to the Committee of Ministers;
Recalling that this case had its origin in an application against
Switzerland lodged on 20 June 1979 with the European Commission of
Human Rights under Article 25 (art. 25) of the Convention by a Swiss
citizen, Mr Ludwig Minelli, alleging violation of Article 6,
paragraph 2 (art. 6-2), of the Convention;
Recalling that this case had been brought before the Court by the
European Commission of Human Rights and by the Government of
Switzerland;
Whereas in its judgment of 25 March 1983 the Court unanimously:
1. Holds that there has been violation of Article 6, paragraph 2
(art. 6-2), of the Convention,
2. Holds that the respondent state is to pay to the applicant
eight thousand six hundred and sixty-eight Swiss francs and sixty five
centimes (8 668.65 SF) in respect of costs and expenses and rejects
the remainder of the claim for just satisfaction;
Having regard to the "Rules 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 having
regard to its obligations under Article 53 (art. 53) of the Convention
to abide by the judgment;
Whereas, during the examination of this case by the Committee of
Ministers, the Government of Switzerland informed the Committee of the
measures taken in consequence of the judgment of 25 March 1983, this
information being summarised in the appendix to this resolution;
Having satisfied itself that the Government of Switzerland has paid to
the applicant the just satisfaction granted by the Court in its
judgment of 25 March 1983,
Declares, 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 (83) 10
Information provided by the Government of Switzerland
during the examination of the "Minelli" case by
the Committee of Ministers
Following the judgment delivered by the European Court of Human Rights
on 25 March 1983, the Swiss Government informed the applicant
on 29 March that a sum of 8 668.65 SF, granted to the applicant by the
Court for costs and expenses under Article 50 (art. 50) of the
Convention, would be paid within the next few days. The applicant
acknowledged receipt of this sum in a letter dated 22 April 1983.
At the end of March 1983, the Swiss Government also informed the
Zurich Cantonal Justice Office, the Swiss Federal Court and the Swiss
Bar Association of the Court's judgment of 25 March 1983.
Furthermore, in order to provide appropriate distribution of the
judgment of 25 March 1983, the Federal Justice Office decided to
publish the main reasons given in the Minelli judgment in the review
entitled "Jurisprudence des authorités administratives de la
Confédération" and asked the editorial staffs of the "Revue suisse de
jurisprudence" and the "Journal des tribunaux" to publish the judgment
in one or other of the reviews. It is most likely that these
publications will help to publicise the principles laid down by the
Minelli judgment in Swiss criminal law circles, particularly at
cantonal level.
On the basis of the measures taken in this case, the Swiss Government
considers that it has fulfilled its obligations under Article 53
(art. 53) of the Convention.