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 by the European Commission of
Human Rights in accordance with Article 31 (art. 31) of the convention
relating to the application lodged by Mr Francis Schertenleib against
Switzerland (No. 8339/78);
Whereas on 10 March 1981 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 his application introduced on 22 August 1978, the
applicant complained about the length of his detention on remand and
of the criminal proceedings instituted against him, claiming that the
judicial authorities' refusal to release him on bail was unjustified,
that the judicial authorities had not conducted his case with due
diligence and that the length of the proceedings had infringed the
convention;
Whereas the Commission, after having declared the application
admissible on 12 July 1979 in so far as it related to the length of
his detention on remand and the length of the proceedings, expressed
in its report the opinion, by twelve votes to three, that in so far as
it is submitted to its examination, the applicant's detention on
remand has not lasted longer than the "reasonable time" provided for
in Article 5, paragraph 3 (art. 5-3), of the convention, and
unanimously that the length of the proceedings against the applicant
has not exceeded the "reasonable time" provided for in Article 6,
paragraph 1 (art. 6-1), of the convention and that therefore there has
not been in this case a violation of these two provisions;
Agreeing with the opinion expressed by the Commission in accordance
with Article 31, paragraph 1 (art. 31-1), of the convention;
Voting in accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the convention,
Decides that in this case there has not been violation of the
Convention for the Protection of Human Rights and Fundamental
Freedoms.