Information Note on the Court’s case-law No.
November-December 1991
S. v. Switzerland - 12629/87 and 13965/88
Judgment 28.11.1991
Article 6
Article 6-3
Rights of defence
Restrictions on free communication between an accused remanded in custody and his lawyer: violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I.ARTICLE 6 § 3 (C) OF THE CONVENTION
Right for person charged with a criminal offence to communicate with his lawyer out of hearing of other persons: not expressly guaranteed by the Convention – right constituting one of the basic requirements of a fair trial in a democratic society – follows from Article 6 § 3 (c).
Measure in issue based on "indications pointing to a danger of collusion is the person of defence counsel" – possible risk not capable of justifying measure – no other sufficiently cogent reasons.
Restriction lasting for over seven months.
Conclusion: violation (unanimously).
II.ARTICLE 6 § 3 (B) OF THE CONVENTION
Complaint not reiterated before the Court.
Conclusion: no need for the Court to examine of its own motion (unanimously).
III.ARTICLE 5 § 4 OF THE CONVENTION
In view of finding of violation of Article 6 § 3 (c), no need to consider the matter with respect to Article 5 § 4 as well.
Conclusion: no need to rule on the complaint (unanimously).
IV.ARTICLE 50 OF THE CONVENTION
Non-pecuniary damage: equitable assessment – compensation awarded.
Costs and expenses: relating to domestic court decisions relevant from point of view of Article 6 § 3 (c) and to proceedings before Convention institutions – reimbursed.
Conclusion: respondent State to pay specified sums to applicant (unanimously).
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This summary by the Registry does not bind the Court.
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