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 Quaranta case delivered on 24 May 1991 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 18 December 1986 under Article 25 (art. 25) of the Convention
by Mr Claudio Quaranta, an Italian national, who complained that
the president of a criminal court of the Vaud canton refused to
grant him free legal assistance during the investigation and at
his trial;
Recalling that the case was brought before the Court by the
Commission on 6 April 1990 and by the Government of Switzerland
on 27 June 1990;
Whereas in its judgment of 24 May 1991 the Court
unanimously:
- held that there had been a violation of Article 6,
paragraph 3.c (art. 6-3-c) of the Convention;
- held that Switzerland was to pay to the applicant, for non-
pecuniary damage, 3 000 Swiss francs and for costs and expenses,
7 000 Swiss francs less 10 441 French francs, to be converted
into Swiss francs at the exchange rate applicable on the day of
delivery of the judgment;
- rejected 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 24 May 1991, 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 the applicant the sums 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) 32
Information provided by the Government of Switzerland
during the examination of the Quaranta case
by the Committee of Ministers
Following the Court's judgment of 24 May 1991, the Swiss
Government paid on 6 June 1991 the sum of 7 301 Swiss francs,
awarded by the Court as just satisfaction for non-pecuniary
damage and for costs and expenses.
In order to determine whether the "interests of justice"
required free legal assistance, the Court pointed out that it was
having regard to various criteria which correspond to a large
extent to those put forward by the Swiss Government. However,
in the present case, it is the way in which the Swiss judicial
authorities applied them that differed from the Court's approach
(paragraph 32 of the judgment). Therefore, it is the Swiss
Government's view that this judgment does not require any measure
of execution other than payment of the sums provided for in the
judgment.
In the light of the foregoing, the Government of Switzerland
considers that it has fulfilled the obligations imposed on it
under Article 53 (art. 53) of the European Convention of Human
Rights.
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