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 Sanchez-Reisse case, delivered on 21 October 1986 and transmitted
the same day to the Committee of Ministers;
Recalling that the case had its origin in an application against
Switzerland lodged with the European Commission of Human Rights under
Article 25 (art. 25) of the convention by Mr Leandro Sanchez-Reisse, an
Argentinian national, alleging that the procedure adopted by the Swiss
Federal Court for considering his requests for release was in breach
of Article 5, paragraph 4 (art. 5-4), of the convention;
Recalling that the 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 21 October 1986 the Court:
- held by five votes to two that there had been a violation of
Article 5, paragraph 4 (art. 5-4), of the convention on account of the
non-compliance with procedural guarantees;
- held by six votes to one that there had been a violation of
Article 5, paragraph 4 (art. 5-4), on account of the failure to take
decisions "speedily";
- held by six votes to one that the respondent state was to pay to
the applicant six thousand eight hundred and sixty-eight Swiss francs
(6 868 SF) for costs and expenses;
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 obligation 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, this information being
summarised in the appendix to this resolution;
Having satisfied itself that the Government of Switzerland has paid
the applicant the sum provided for in the Court's judgment
of 21 October 1986,
Declares, after taking note of the information supplied by the
Government of Switzerland, that it has exercised its function under
Article 54 (art. 54) of the convention in this case.
Appendix to Resolution DH (87) 12
Information supplied by the Government of Switzerland
during the examination of the Sanchez-Reisse case
by the Committee of Ministers
Following the Court's judgment of 21 October 1986, the Swiss
Government paid the applicant the sum of 6 868 Swiss francs awarded by
the Court for his costs and expenses.
A few days after judgment was delivered, the Federal Ministry of
Justice called a meeting of all the competent departments of the
Federal Administration and a representative of the Swiss Federal Court
for an exchange of views on the consequences, for Switzerland,
inherent in the execution of the judgment of 21 October 1986.
With a view to bringing the judgment to the knowledge of the Swiss
legal circles concerned it was decided, in accordance with the
practice followed in similar cases, to publish the principal reasons
for the Sanchez-Reisse judgment in the journal "Jurisprudence des
autorités administratives de la Confédération" (they were published in
issue 50/IV, 1986, No. 91).
As far as more general measures were concerned, it was decided first
of all to take steps to ensure that the provisions of the Federal Act
on International Mutual Assistance in Criminal Matters of
20 March 1981 (EIMP), which replaced, with effect from 1 January 1983,
the provisions complained of (in the Act of 1892 now repealed), are
strictly applied by the Federal Police Department and the Swiss
Federal Court, with a view to obviating any difficulties which might
arise from the requirements of Article 5, paragraph 4 (art. 5-4), of
the convention.
Convinced that, in accordance with the new legislation, a person in
detention pending extradition has in practice the minimum of
adversarial proceedings required by Article 5, paragraph 4 (art. 5-4),
of the convention (see paragraphs 50 and 51 of the judgment), the
competent Swiss authorities have concluded that at this stage a
partial revision of EIMP is not necessary.