European Union Constitutional Interpretations

DATE No. Content
1.)Ségalat Laurent Simon v. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. DECISION ESTOPPEL of the ECtHR: SUISSE: Art. 6 by. 1 ECHR. Fairness of criminal proceedings call and impartiality of the court. The Cantonal Court held a public hearing in the presence of the applicant and his lawyers. This confirmed his statements, said he had nothing to add, and does not support having asked the appellate jurisdiction of special investigative measures, such as the hearing of a witness. In the opinion of the Court, although the hearing had lasted five hours and that the appeal court did not directly heard again the witnesses and experts, it appears from fifty-eight pages of judgment that all the evidence were evaluated to determine the applicant's guilt. Art. 6 by. 1 ECHR guarantees the right to an independent and impartial tribunal, but does not expressly require that an expert heard by a court meets the same criteria; However, the lack of neutrality of an expert can violate the principle of equality of arms. In this case, the courts were not based exclusively on the opinion of the third expert, but assessed the probative value of the many specialists conclusions. Moreover, the simple common membership in an international association of forensic experts can not cast doubt on the impartiality of these experts. Moreover, the fact that the applicant has made a single reference to the absence of a lawyer in custody in a passage devoted to another medium is not specific enough to be comparable to a grievance developed substantially, so he has not exhausted domestic remedies. Conclusion: Application declared inadmissible.
2.)K.ú. gegen Schweiz
3.)Papillo Francesco gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 5 para. 1 letter. a and e ECHR. applicant's continued detention of legality in a prison, not mental institution. The applicant is mentally ill, was convicted of various criminal offenses. His detention and extension of it were ordered by court decisions, so that his deprivation of liberty has been decided according to legal channels. During his detention in prison, the person concerned has regular medical consultations and treatment with neuroleptics, which stabilized his condition and allowed his release. The Court considers that care may be considered appropriate and that the detention was consistent with the purpose of art. 5 para. 1 letter. e ECHR (ch. 44-50). Conclusion: no violation of s. 5 para. 1 letter. a and e ECHR.
4.)Haldimann Ulrich Mathias u. MITB. gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. ECHR ten. Sentencing of journalists fined for recorded and broadcast the interview with a hidden camera of a private insurance broker in connection with a television report. The interference was prescribed by law and pursued the legitimate aim of protecting the rights and reputation of others, namely the broker's right to his own image, his own voice and his reputation. The Court noted that the report concerned a debate of general interest on very important business practices, or bad advice issued by private insurance brokers, the registered person not referred personally but as representing a professional category. Furthermore, the Court awards the applicants the benefit of the doubt as to their willingness to respect journalistic ethics (acting in good faith based on accurate facts and provide reliable and accurate information), the accuracy of the facts never having been challenged. Regarding the presentation of the broker, it is crucial that his face and his voice were masked and that the interview did not take place in the premises that usually frequent. Thus, the Court considers that the interference with the private life of the broker, who renounced to comment on the interview is not so serious that it should overshadow the public to information alleged defects in insurance brokerage. As for the severity of the sanction, though financial penalties are of relatively light, the Court considers that the fine imposed by the criminal courts may tend to encourage the press to refrain from expressing criticism, even if the applicants have not been deprived of the opportunity to spread their story. Therefore, the interference was disproportionate (ch. 56-68). Conclusion: violation of Art. ECHR ten.
5.)Mehmet Ali Tatar gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 2 and 3 ECHR. applicant's deportation to Turkey following his conviction for the murder of his wife. The person, who was granted asylum and a residence permit in Switzerland, was sentenced to 8 years in prison following the murder of his wife. A recurrent depressive disorder associated with psychotic symptoms have been diagnosed with the execution of the sentence was postponed to allow him to undergo treatment in a closed psychiatric institution. Subsequently, his asylum was revoked on grounds that he had been convicted of a serious crime and withdrew residence permit. The Court notes that the applicant has not demonstrated that it would face a real risk of treatment contrary to Art. 2 or 3 ECHR if expelled in Turkey (CH 39 -. 54). Conclusion: no violation of s. 2 or 3 ECHR.
6.)K. M. v. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 8 ECHR. Refusal to issue a residence permit and return to Switzerland of an Albanian national. The applicant was sentenced to two and a half years in prison and ten years of deportation from Switzerland, suspended for five years for money laundering in connection with drug trafficking. Its provisional admission was lifted and subsequent requests for residence permits were rejected. His wife, he remarried after the offense, and his children, now adults, have obtained Swiss citizenship. Given the seriousness of the offense, and the fact that the applicant has spent most of his life in his home country, which suggests that it could integrate the Swiss authorities No have not exceeded the margin of appreciation which they enjoyed in the present case (ch. 44 - 62). Conclusion: no violation of s. 8 ECHR.
7.)Sibylle Schmid-Laffer gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 6 by. 1 ECHR. the applicant's lack of information on his right to remain silent before his first interrogation by the police. The applicant complained that he was convicted on the basis of statements made to the police during her first interrogation, when she was not informed of his right not to incriminate himself and to remain silent. Case law guaranteeing the right to a fair trial involves examining whether the proceedings were fair as a whole. In this case, the Court considers that the interrogation dispute has not impaired the fairness of the proceedings subsequently directed against the applicant, to the extent that the domestic courts have relied on others elements for sentencing. The Court further notes that the applicant had not complained at the examination in question and that it had also been left at liberty to its end (ch. 36 - 40). Conclusion: no violation of s. 6 by. 1 ECHR.
8.)A.S. v. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 3 and 8 of the Convention. Reference to Italy of a Syrian asylum applicant with psychological problems (stress posttraumatic). The case concerns an adult asylum applicant who has traveled through Italy before arriving in Switzerland. The Swiss authorities have made his return to Italy under the Dublin regulation. To counter this, the applicant invokes the shortcomings in the reception of refugees by the Italian authorities, the fragility of his mental health status and the presence of two sisters in Switzerland. The Court considered that the applicant was not seriously ill and that he had no reason to fear not being able to receive appropriate medical treatment in Italy (ch. 25 - 38). Moreover, the Strasbourg judges held that the applicant had not demonstrated that there was between him and his sisters additional elements of dependence other than normal emotional ties (ch. 44 - 52). Conclusion: no violation of Art. 3 and 8 of the Convention.
9.)RT, et al. Swiss
10.)Macalin Moxamed Sed Dahir Muna gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. DECISION ESTOPPEL of the ECtHR: SUISSE: Art. 8 ECHR. Refusal of a request for spelling change a name. The applicant, of Somali origin, filed a spell adjusting his surname request. She made the request because, when his surname is pronounced by Western pronunciation rules, it takes a negative connotation in his native language ( "rotten skin" and "toilet"). The Court noted that the authorities' refusal to allow a person to change his last name not be necessarily involve an interference with the exercise of the applicant to respect for his private life. Regard must be had to the fair balance between the competing interests of the individual and of society as a whole. Given the fact that the applicant would be able to use two different spellings of his name according to the country where it is - which clearly would violate the principle of the unity of the family name - and given the wide margin of appreciation to national authorities for change of name, the judges did not detect any appearance of a violation of art. 8 ECHR (ch. 22 - 33). Conclusion: Application declared inadmissible.
11.)Diala Barthlomew Uchenna gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. DECISION ESTOPPEL of the ECtHR: SUISSE: Art. 8 ECHR. Refusal to extend the residence permit and return a Nigerian national whose wife and three children are Swiss nationals. The applicant's expulsion was decided following his sentencing to a prison sentence for drug trafficking. Being a drug offenses, the Court has always designed that the authorities show great firmness with regard to those who actively contribute to the spread of this scourge. Regarding the impact of the measure on the welfare of three minor children, the Court notes that in the context of the expulsion of a foreign parent as a result of a criminal conviction, the decision primarily concerns the offender. It considers that the national authorities have sufficiently weighed all the interests involved to assess, in accordance with the criteria established by its case-whether the impugned measures were proportionate to the legitimate aims pursued and therefore necessary in a democratic society (ch . 25-46). Conclusion: Application declared inadmissible.
12.)Dogu Perinçek v. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. ECHR ten. Criminal conviction for publicly disputed the existence of the Armenian genocide. The applicant is a Turkish politician who publicly described the thesis of the Armenian Genocide international lie. Condemned by the Swiss authorities for racial discrimination, the applicant complained of a violation of his right to freedom of expression. The Grand Chamber considered whether the Swiss authorities had struck a fair balance between the applicant's right to freedom of expression and the right of Armenians to the protection of their dignity. To make this assessment, the Strasbourg judges in the circumstances of the case: the nature of the applicant's, background interference, extent to which the impugned remarks struck the rights of Armenians, existence or not consensus among the High Contracting Parties as to the need for criminal penalties with regard to About this nature possible existence of rules of international law on the matter, reasoning the Swiss courts to justify the applicant's conviction and seriousness of the interference. The Court reached the conclusion that it was not necessary in a democratic society to criminally convict the applicant in order to protect the rights of the Armenian community (ch 196 -. 280). Conclusion: violation of Art. ECHR ten. N.B. The judgment of the Grand Chamber followed the decision of a room, which had arrived at the same conclusion by judgment of 12.17.2013.
13.)A. M. v. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. DECISION ESTOPPEL of the ECtHR: SUISSE: Art. 3 and 8 ECHR, taken alone and in conjunction with Art. 13 of the Convention. Reference to Italy of a Syrian asylum applicant with psychological problems (stress posttraumatic). case similar to that of A. S. against Switzerland. The general situation of the host device in Italy does not in itself constitute an obstacle to any return of asylum seekers to the country. Moreover, the person did not develop close family relationships in Switzerland with his sister, herself arrived in the country just days before the applicant and whose stay in Switzerland was tolerated for the duration of the procedure asylum. In addition, the Federal Administrative Court normally conducts a thorough review of each individual situation and does not hesitate to invoke the sovereignty clause in the art. 3 para. 2 of the Dublin regulation. As a result, the applicant had an effective remedy. Consequently, his complaint under Art. 13 in conjunction with Art. 3 and art. 8 ECHR must be rejected as manifestly unfounded (ch. 16 - 31). Conclusion: Application declared inadmissible.
14.)Spycher Iris gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. DECISION ESTOPPEL of the ECtHR: SUISSE: Art. 6 by. 1 ECHR; art. 14 in conjunction with Art. 8 ECHR. Rejection of an application for disability pension. Fairness of the proceedings if COMAI expertise and non-discrimination of people with pain syndrome without organic substrate. The Court finds that the applicant has not invoked any reason to justify a lack of independence and impartiality of the medical observation center that conducted the appraisal in his case. The Strasbourg judges consider that there is no indication that the proceedings were unfair and reject the complaint under Art. 6 ECHR manifestly ill-founded (c. 20-32). The Court also considers that the difference between a syndrome without organic substrate - suffered by the applicant - and a syndrome with organic substrate falls within the objectivity of a medical diagnosis. The fact that, on the basis of this objective distinction, the applicant has not obtained the annuity does not discriminate, since the two situations are not similar or comparable. The second complaint was also rejected as manifestly ill-founded (c. 33-39). Conclusion: Application declared inadmissible.
15.)W. N. gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. DECISION ESTOPPEL of the ECtHR: SUISSE: Art. 3 ECHR; prescription of prosecution; non-retroactivity of treaties. Claiming to have been abused from 1962 to 1972, the applicant filed a criminal complaint in 2012. This has been a non-entry in order because of the limitation of prosecution . The applicant submits that the Swiss authorities have violated s. 3 ECHR by refusing to act on his complaint. For him, the ill-treatment are a hard core of violation of Article 3 and their pursuit would therefore imprescriptible. In considering the complaint of the substantial part of the art. 3 ECHR, the Court notes that the ECHR provisions do not bind a Contracting Party in respect of an act or offense committed prior to the date of the entry into force of the Convention in respect of that part. As alleged treatment took place before 28 November 1974 the ECtHR can not engage in a substantive examination of the alleged complaint (ch. 18 - 21). Regarding the complaint concerning the procedural aspect of Art. 3 ECHR, the Strasbourg judges recall that this provision requires the authorities to conduct an effective official investigation likely to enable the establishment of the facts of the case and lead to the punishment of those responsible. They hold that the alleged complaint ratione temporis is a priori compatible with the Convention, the entire procedure having taken place after 1974, but reject as out of time (ch. 22 - 29). Conclusion: Application declared inadmissible.
16.)Z.H., R. H. c. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 8 ECHR. Refusal to recognize as part of asylum religious marriage contracted at the age of 14 and 18. Applicants Afghan nationals, religiously married in Iran at the age of 14 and 18 years, denounced the Swiss authorities' refusal to recognize their marriage as valid and taken into account as part of their application for asylum. The Swiss authorities considered that the marriage could not be validly recognized in Switzerland, Afghan law prohibiting marriage for women below the age of fifteen. Add to that the couple's marriage is contrary to Swiss public policy saw the young age of the applicant. The Court upheld the decision of national authorities, holding that the Convention could not be interpreted as imposing a state to recognize a marriage contracted by a child of 14 years (ch. 38 - 47). Conclusion: no violation of s. 8 ECHR.
17.)Mader Davic gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 5 para. 4 ECHR. Internment of the applicant for assistance decided by the guardianship authority and examination duration of applications for release. The obligation to obtain an administrative decision of the guardianship authority before appeal court had the effect of depriving the applicant of his right to a ruling without delay on the deprivation of liberty ( ch 56 -. 67). Conclusion: violation of Art. 5 para. 4 ECHR.
18.)G.S.B. vs. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 8 ECHR. international administrative assistance in tax matters; delivery of bank data. The case concerns given to US tax authorities to banking data in the framework of administrative mutual aid agreement between Switzerland and the USA. The applicant complained of the disclosure of his data as a violation of his right to respect for private life. For the ECtHR, the decision of the Federal Tax Administration to forward the applicant's bank details to foreign authorities had a sufficient legal basis (ch. 68-80). As for the legitimacy of the aim pursued by the contested measure, the Court considers that the impugned decision could be considered likely to contribute to protecting the well-being of the country since it was participating in a government attempt Swiss to settle the conflict between UBS and the US tax authorities (ch. 83-84). Moreover, noting that the economic interests and the interest for Switzerland to be able to meet its international commitments prevailed over the applicant's individual interest, the Strasbourg judges held that the contested decision should be considered "necessary in a democratic society "(ch. 89-98). Conclusion: no violation of s. 8 ECHR.
19.)Di Vita Maria trizio gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 6, 8 and 14 ECHR. Application of the mixed method for calculating the degree of disability and cessation of the payment of an annuity due to an occupation part-time. Disability insurance refused to continue to award the applicant a disability pension of 50% after the birth of her twins. According to the Court, it is likely that if she had worked 100% or if it was entirely devoted to housework, she would have obtained a partial disability pension. Having formerly worked full time, she was initially awarded such a pension it enjoyed until the birth of her children. The denial of his right to a pension is grounded indication of its willingness to reduce its paid work to care for her home and her children. In fact, for the vast majority of women who want to work part-time after the birth of a child, the mixed method is discriminatory. The difference in treatment suffered by the applicant is not based on a reasonable justification (ch 80 -. 104). Conclusion: violation of Art. 14 in conjunction with Art. 8 ECHR. The Federal Court considered the interactions between components "household" and "gainful activity" and drew conclusions on the specific situation of the applicant. In its reasoning, the data in a medical report by the party showed no interest. The Court does not see how the fact that the Federal Court did not expressly drawn the final conclusion undermines the fairness of the trial (ch 111 -. 114). Conclusion: inadmissible in terms of art. 6 ECHR.
20.)Beat Meier gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 4 ECHR. Obligation to work imposed on an inmate who has reached the retirement age. In the absence of consensus within the member States of the Council of Europe on the question of the obligation of detainees to continue working after reaching the retirement age, it may result in a ban absolute under art. 4 ECHR. Therefore, the mandatory work done by the applicant in custody, including one performed after reaching the retirement age can be considered work normally required of a person under detention under s. 4 by. 3 let. ECHR has. Therefore, it is not a forced or compulsory labor within the meaning of art. 4 by. 2 ECHR. In this case, the applicant was limited to contest the principle of the obligation to work imposed on detainees who have reached retirement age, without complaining of the Implementing Rules of the work that was assigned by the Swiss authorities (ch. 62-80). Conclusion: no violation of s. 4 ECHR.
21.)Tabbane Noureddine c. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. DECISION ESTOPPEL of the ECtHR: SUISSE: Art. 6 by. 1 ECHR. Challenging the settlement of litigation before a court of the International Court of Arbitration. The applicant, in exercising its freedom of contract, has signed an arbitration agreement with a French company headquartered in France and has expressly and freely given up the opportunity to submit disputes to an ordinary court. Art. 192 PILA which states the commitment of the parties to waive any recourse against the award reflects a legislative policy choice that meets the wishes of the Swiss legislature to increase the attractiveness and effectiveness of international arbitration in Switzerland. The restriction of the right of access to a court pursued a legitimate aim, namely the development of the arbitration instead of Switzerland, while respecting the applicant's contractual freedom and can not be considered disproportionate (c. 28- 36). Conclusion: Application declared inadmissible.
22.)Michel Platini c. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. DECISION ESTOPPEL of the ECtHR: SUISSE: Art. 6, 7 and 8 of the Convention. Prohibition to exercise professional activity related to football. The applicant was the subject of disciplinary proceedings due to a wage supplement of two million Swiss francs, perceived as part of an oral contract with the former president of FIFA. He was punished with a four-year ban from performing any activity related to football and a fine. The complaints under Art. 6 ECHR had not been raised before the Federal Court and were rejected for non-exhaustion of domestic remedies (ch. 39-42). In the absence of criminal offenses made against the applicant, it can not invoke art. 7 ECHR and the principle of non-retroactivity of the law. According to the Court, this complaint is incompatible ratione materiae with the provisions of the Convention (ch. 43-49). Regarding the complaint under Art. 8 ECHR, the Court recalls that the concept of private life is a broad concept and not comprehensive. In this case, the penalty is based on acts committed in the applicant's professional life, unrelated to his privacy. However, negative impacts have affected the applicant's private life and the level of severity required to bring into play the art. 8 ECHR has been reached. According to the Court, the applicant disposed of institutional safeguards and sufficient procedural or a private court system (CAS) and State (TF) before which he could make his complaints. Given the broad discretion enjoyed by the respondent state in this case, Switzerland has not breached its obligations under Art. 8 ECHR. It follows that this complaint is manifestly ill-founded (c. 50-71). Conclusion: Application declared inadmissible
23.)Bedat Arnaud c. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. ECHR ten. Conviction of a journalist fined for publishing documents covered by the confidentiality of the investigation in a criminal case. The publication of an oriented article, then the statement is still open, there is a risk of influencing the result of the procedure justifies that dissuasive measures such as prohibition of disclosure of secret information, are adopted by national authorities. While admitting that the accused could avail of civil action paths to complain of a violation of his privacy, the Court nevertheless considers that the existence in domestic law such remedies does not relieve the State of its positive obligation to protect the privacy of an accused in a criminal trial. Finally, the Court found that the penalty imposed on the journalist to punish the violation of secrecy and protect the proper functioning of justice and the rights of the accused to a fair trial and to respect for his private life, has not interfered disproportionate in the exercise of his right to freedom of expression (ch. 44-82). Conclusion: no violation of s. ECHR ten. N.B. The judgment of the Grand Chamber followed the decision of a room, which had reached a different conclusion in a judgment of 01.07.2014.
24.)Derungs Rudolf gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 5 para. 4 ECHR. Right to a speedy decision on the lawfulness of detention and court's refusal to conduct a hearing. A period of nearly eleven months elapsed between the applicant's request for release and the first court decision of the cantonal Administrative Tribunal. The biggest delay can not be explained either by the complexity of the case or by the peculiarities of the domestic proceedings or the applicant's conduct. Therefore, the decision of the Cantonal Administrative Court confirming the legality of the detention, did not intervene "promptly" (ch 45 -. 57). Conclusion: violation of Art. 5 para. 4 ECHR. The cantonal Administrative Tribunal refused to conduct a new hearing, the situation of the person concerned has not changed for over five years and it has been heard in person by the prison administration in the presence of his lawyer. Since the applicant has not invoked any relevant factors arising after the above hearing nor any relative aspect to his personality that would have made necessary a new hearing, the court was not required to hold a hearing (ch 69 -. 81 ). Conclusion: no violation of s. 5 para. 4 ECHR.
25.)Maddalozzo Guiliano c. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. DECISION ESTOPPEL of the ECtHR: SUISSE: Art. 5 para. 1 and 35. 1 and 4 ECHR. Challenging a continued internment; non-exhaustion of domestic remedies. The applicant was placed in detention pursuant to art. 43 acp. Following the entry into force of the new general of the PC, on 1 January 2007, the competent authorities at the cantonal level ordered his continued detention within the meaning of art. 64 CP. The applicant did not appeal against the cantonal decision dating from 2009. In 2011, the applicant requested a review of his parole. Both the cantonal authorities that the Federal Court came to the conclusion that the continued detention was justified. Citing art. 5 para. 1 ECHR, the applicant complained that the imposition of subsequent internment against it returns to the subject in a sentence of incompressible freedom he does not know if or when it will end. In the opinion of the Court, the applicant should have challenged the 2009 ruling if it considered that the transition from the old to the new law on internment would have deprived of his liberty in violation of Art . 5 para. 1 ECHR. To the extent that the person was not before the Tribunal Federal of such an appeal, the domestic remedies have not been exhausted and the application must be dismissed (ch. 15 - 20). Conclusion: Application declared inadmissible.
26.)CICAD c. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. ECHR ten. Conviction of civil association for calling on its website about a professor of Semitic. The Swiss courts have carefully weighed the competing interests, namely a share of privacy and freedom of expression of the professor, author of a collective work preface dedicated to the state of Israel, and Moreover freedom of expression of the applicant association. They concluded that the teacher did not have to tolerate the infringement of its right of personality caused by the serious allegation made by the applicant association. The Court concluded that the reasons given by the Swiss courts to justify the interference with the right of the applicant association to freedom of expression are relevant and sufficient (ch. 44 - 64). Conclusion: no violation of s. ECHR ten.
27.)Al-Khalaf Dulimi, Montana Management Inc. v. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 6 by. 1 ECHR. Right of access to a court in the implementation of the resolutions of the UN Security Council linked to the embargo against Iraq. The Swiss authorities have ordered the confiscation of the applicant's assets and his company for their transfer to Iraq. The Grand Chamber confirms the importance of access to a court in cases under civil law. When UN resolution does not explicitly formula contains excluding the possibility of judicial review of penalties imposed, it must be understood as authorizing the courts of the State to carry out appropriate control. This control may be limited to the arbitrary, ensuring the right balance between respect for human rights and the requirements of the protection of peace and security. In this case, the measures taken by the Swiss authorities to improve the situation of the applicants were insufficient (c. 126-155). Conclusion: violation of Art. 6 by. 1 ECHR. N.B. The judgment of the Grand Chamber followed the decision of a room, which had arrived at the same conclusion by judgment of 11.26.2013.
28.)Nait Liman Abdennacer c. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 6 by. 1 ECHR. Refusal of the civil courts to examine a claim for compensation for moral damage caused by torture of Tunisia. The rejection of the Swiss courts of their jurisdiction over the civil action the applicant in order to obtain damages for compensation for damage caused by the alleged acts of torture in Tunisia, although the prohibition of torture reports to the ius jus has not emptied the right of access to a tribunal of its substance, pursued legitimate aims and presented a proportional relation with these goals. It follows that the right of access to court was not infringed (c. 101-121). Conclusion: no violation of s. 6 by. 1 ECHR. N.B. This case was referred to the Grand Chamber. It has come to the same conclusion by judgment of 03.15.2018.
29.)Zuisens SA v. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. DECISION ESTOPPEL of the ECtHR: SUISSE: Art. 35. 3 and 4 ECHR. Incompatibility rationepersonae a query. A Swiss company seized the ECtHR to complain of the excessive length of civil proceedings at first instance. Thereafter, the failure of the applicant was issued. The competent national authorities then allowed one of the creditors of the company to maintain the trademark application before the ECtHR. The Court notes that the authorization issued to the creditor of the applicant company could not be valid as long as the liquidation process was underway. To the extent that the company concerned has meanwhile been removed from the commercial register and the creditor can claim victim of a violation of his rights, the application must be declared incompatible ratione personae with the ECHR. Conclusion: Application declared inadmissible.
30.)A.D. gegen Schweiz
31.)NML CAPITAL LTD, EM LIMITED gegen Schweiz
32.)Rivard Joseph Paul François v. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 4 by. 1 Prot. # 7 ECHR. Fine and withdrawal of the driving license; "ne bis in idem". The applicant, which was controlled by speeding, alleged he was punished twice for the same facts as it is fined and a withdrawal of the driving license by two different authorities. According to the Court, there is a material and temporal sufficiently close between administrative and criminal proceedings related to whether considered as two aspects of a single system and that there is no duality procedure. The Court considers that one can not infer withdrawal disputed that the person has been tried or punished for an offense for which he had already been convicted by a final judgment (ch. 23-34). Conclusion: no violation of s. 4 by. 1 Prot. # 7 ECHR.
33.)Danija Marko gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. DECISION ESTOPPEL of the ECtHR: SUISSE: Art. 5 para. 5 ECHR. Refusal to compensate the applicant for the detention he suffered. Given the risk of flight, the Court accepts that alternative measures to deprivation of liberty would not ensure the applicant's appearance. It considers that keeping the person in detention for the period in question was proportionate to that aim. The Court concluded that the detention on remand was not contrary to the requirements of Art. 5 para. 1 ECHR. In the absence of violation of this provision, the applicant was not entitled to compensation under paragraph 5 (c. 32-47). Conclusion: Application declared inadmissible.
34.)Jihana Ali, et al. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. DECISION ESTOPPEL of the ECtHR: SWITZERLAND and ITALY: Art. 3 and 8 ECHR, taken alone and in conjunction with Art. 13 of the Convention. Reference to Italy of Syrian asylum seekers with a minor under the Dublin Regulation. The Italian authorities, who have been informed by their Swiss counterparts the transfer to Italy of a single mother with her daughter, said that interested would be welcomed in a dedicated center for families with minor children. Moreover, the applicants have not established that, if returned to Italy, they should fear, from a material point of view, physical or psychological, to undergo treatments of sufficient severity to fall into the scope of art. 3 ECHR. As regards the applicant citing health problems, he has not established that he was seriously ill. In terms of art. 8 ECHR, the Court considers that a fair balance was struck between the personal interests of the applicants to establish family life in Switzerland and public interests in controlling immigration. Finally, according to settled case-law of the Court, Art. 13 ECHR requires a remedy in domestic law only complaints "arguable" under the ECHR. The Court considers that no arguable claim of violation of Art. 3 and 8 ECHR has been established (ch. 30-49). Conclusion: Application declared inadmissible. As for the applicant who obtained refugee status in Switzerland, she is not likely to be returned to Italy (ch. 50-53). Conclusion: struck.
35.)M. G. and S.E. c. Swiss
36.)Vukota-Bojic gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 8 ECHR. Observation of a person insured by private detectives. The applicant alleged a violation of his right to privacy in the secret investigation by the accident insurance. The Court considers that the compliance measures implemented by the insurer can not be considered "prescribed by law" since Swiss law does not indicate with sufficient clarity the scope and manner of exercise of supervision . It notes in particular that the national legislation does not provide sufficient safeguards against abuse (ch. 69-77). Conclusion: violation of Art. 8 ECHR.
37.)El Ghatet Saleh Mohamed Saleh El Ghatet gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 8 ECHR. Rejection of an application for family reunification. The case concerned the Swiss authorities' refusal to grant a residence permit to the son of an Egyptian citizen naturalized Swiss. The Court found that the national authorities have examined so too succinct child's interest and advanced reasoning summary rather to justify their decisions. According to the Strasbourg judges, the Federal Court should have taken more account of the welfare of the child in its weighing of interests (ch. 53-54). Conclusion: violation of Art. 8 ECHR.
38.)Salija Bljerim gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 8 ECHR. Revocation of business permit and expulsion from Switzerland of a Macedonian national. The applicant has lived for 20 years in Switzerland, where he married and had two children. Following two convictions for embezzlement and murder with indirect intent as part of a car race, his residence permit was revoked and issued eviction. National courts have held including the seriousness of the offenses, the lack of integration of the individual in Switzerland, his knowledge of the Albanian language and its commitment to Macedonia, where he spent part of his childhood and when he returned from. They also took into consideration the fact that the applicant's wife, who was herself a citizen of Macedonia, and their children could reasonably settle in this country. In compliance with the decision to expel the applicant to leave Switzerland. Its the family followed and lived in Macedonia for several years before settling again in Switzerland. According to the Court, the national authorities have weighed the applicant's interest in respect for his family life and the interest of the State to protect public safety, the defense of order and the prevention of crime . The Respondent State did not exceed its discretion (ch. 36-55). Conclusion: no violation of s. 8 ECHR.
39.)Osmanoglu Aziz Kocabas Sehabat gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 9 ECHR. Religious freedom; refusal to exempt two students of Muslim obligatory mixed swimming lessons. The school occupies a special place in the process of social integration, especially for children of foreign origin. On one hand, the interest of children to complete schooling for successful social integration according to the customs and local customs, overrides the desire of parents to see their daughters exempted mixed swimming lessons. On the other hand, the interest of teaching swimming is not just to learn to swim, but mostly lies in the fact to practice this activity in common with all the other students, without any exception based on original children or religious or philosophical beliefs of their parents. Significant improvements were offered to applicants in order to reduce the impact of the dispute over the participation of religious beliefs, including the ability to wear the burkini. The Court considers that by prioritizing the requirement for children to fully follow the school and their successful integration in the private interest of the applicants to see their daughters exempted mixed swimming classes for religious reasons, the domestic authorities did not overstep the considerable margin of discretion which it enjoyed in the present case, which relates to compulsory education (c. 50-106). Conclusion: no violation of s. 9 ECHR.
40.)C. M. gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 6 by. 1 ECHR. Right of Reply. Opportunity to comment on the observations of the opposite party. The parties to a dispute should have the opportunity to indicate whether they consider that a document invites comments from them. It will include the confidence of litigants in the functioning of justice: it is based, among others, on the assurance of having been able to speak on any records. The Court found that the Court of Social Insurance of the Canton of Zurich, with explicitly end the exchange of written submissions and in giving judgment so soon after contacting the observations of the opposing party to the applicant - which was not represented by counsel at the time - has not respected the principle of equality of arms (38-45 ch.). Conclusion: violation of Art. 6 by. 1 ECHR.
41.)X c. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 3 ECHR. Review of the risk of ill treatment before returning an asylum applicant Sri Lankan Tamil. The applicant, a former member of the Liberation Tigers of Tamil Eelam, sought asylum in Switzerland because of political persecution he suffered in his country, including ill-treatment in prison. The Swiss authorities should have known that, upon return to Sri Lanka, the applicant might be exposed to ill-treatment, as many attested evidence that risk. It follows that they have not assessed the asylum claim in violation of art. 3 ECHR. Following his dismissal, the person has been arrested and imprisoned. During his detention, he suffered abuse. After his release, a humanitarian visa for Switzerland was issued. Although the Swiss government has apologized and offered asylum to the applicant, it has not compensated and has not shown that he could obtain compensation through a national procedure (ch. 35 -66). Conclusion: violation of Art. 3 ECHR. A specific sum for pecuniary damage and for costs and expenses to be paid to the applicant by Switzerland (ch. 67-74).
42.)Bonal Julie c. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. DECISION ESTOPPEL of the ECtHR: SUISSE: Art. 35. 1 ECHR. Military criminal procedure; starting point of the period to enter the ECtHR. The applicant claims to have been injured by a military on the occasion of the days of the military. She especially criticized the Swiss authorities had not conducted an effective investigation into the incident which she claims to have suffered. Entering twice in this case, the national court of last instance rendered two judgments at an interval of 18 months. The Court recalls that it can only be entered into within six months from the date of the final decision. In this case, the Strasbourg judges noted the uselessness of the second proceedings brought by the applicant. The first judgment pronounced in 2012, had put an end to the military criminal procedure. The cassation appeal filed later would inevitably be rejected on the grounds that the case had become res judicata. It is the date on which the Military Court of Cassation made the first judgment which is the starting point for calculating the period of six months provided by art. 35. 1 ECHR. To the extent that the request was only introduced in 2014, it was considered late (ch. 37-42). Conclusion: Application declared inadmissible.
43.)Krajnjanac Markus gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. DECISION ESTOPPEL of the ECtHR: SUISSE: Art. 6 by. 1 ECHR. Payment of advance payment from an Austrian bank; effective access to a court. Within the time limit for payment of CHF 400.-, no payment, even partial, was made. The initial payment of CHF 388.- (CHF 12.- PostFinance has retained for costs for international transfer) was late. The terms of payment and consequences of non-compliance had been expressly communicated to the applicant. The shortfall of CHF 12 did not play a decisive role in the decisions of national authorities declared inadmissible the applicant's appeal (ch. 22-29). Conclusion: Application declared inadmissible.
44.)C. A. et al. Swiss
45.)M. M. v. Switzerland, Italy
46.)S.E., N.T. c. Switzerland, Italy Regeste Diese Zusammenfassung existiert nur auf Englisch. DECISION ESTOPPEL of the ECtHR: SWITZERLAND and ITALY: Art. 3 ECHR. Reference to Italy from a recognized refugee and his minor child. The Italian government confirmed on their return, the applicants would be accommodated in an appropriate structure for single parents. Upon returning, the Swiss authorities to inform the Italian authorities that the applicants be supported appropriately to the child's age and they are not separated. A recognized refugee under the 1951 Refugee Convention has the right to work and the benefit of the general mechanisms provided by the Italian law on social assistance, medical care, social housing and education. The applicants have not established that, if returned to Italy, they should fear a material point of view, physical or psychological, to undergo treatments of sufficient severity to fall within the scope art. 3 ECHR (ch. 20-29). Conclusion: Application declared inadmissible.
47.)N.A. v. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 2 and 3 ECHR. Returning a Sudanese asylum applicant who is an opponent of his country discreet political regime. Review of the risk of mistreatment if returned to Sudan. The Court reiterated that the situation of human rights in Sudan is alarming for political opponents in general. In this case, it considers that no evidence testifies that the Sudanese authorities have granted any interest to the applicant prior to his arrival in Switzerland. Moreover, the Court considers that the political activities of the person in Switzerland were limited to those of a single participant in the activities of opposition organizations in exile and are therefore not likely to attract attention Sudanese intelligence services. The applicant incurs therefore no risk of ill treatment and torture if returned to Sudan (ch. 43-53). Conclusion: no violation of Art. 2 and 3 ECHR.
48.)A. I. c. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 2 and 3 ECHR. Returning a Sudanese asylum applicant who is an active opponent of the political system of his country. Review of the risk of mistreatment if returned to Sudan. The Court reiterated that the situation of human rights in Sudan is alarming for political opponents in general. In this case, it notes that the applicant has demonstrated a strong political commitment during his exile. The Court therefore can not exclude that the person concerned has drawn the attention of the Sudanese intelligence services and considers that there are reasonable grounds to believe that the applicant might be detained, interrogated and tortured if returned to the Sudan (ch. 50-58). Conclusion: violation of Art. 2 and 3 ECHR.
49.)Y c. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. ECHR ten. Punishment of a journalist for breaching the confidentiality of the investigation. The journalist was fined for having reproduced in an article of the elements protected by the confidentiality of investigations. The article concerned criminal proceedings against a real estate manager in an alleged case of pedophilia. The journalist denounced the release of the accused and quoted a part of the appeal of the Public Prosecutor against the decision of the investigating judge to put an end to preventive detention. The article continued with the detailed description of the alleged crime. The Court considers that if the protection of the defendant's privacy has not played a decisive role in the balancing of interests, the many detailed information and statements taken from a complainant to the police represent a breach the privacy of the latter and of the alleged victims and were not likely to feed public debate on the functioning of justice. The domestic courts had convicted the applicant after having carefully weighed the competing rights and especially taking into account the legitimate interests of the two minor victims. They had not overstepped their margin of appreciation. It follows that the applicant's conviction was proportionate to the legitimate aims pursued (ch. 50-99). Conclusion: no violation of s. ECHR ten.
50.)M. O. c. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 3 ECHR. Returning an applicant for asylum in Eritrea. The general situation of human rights in Eritrea is of particular concern but does not in itself preclude the return of the person concerned. Moreover, there are no substantial grounds for believing that the applicant's personal situation would expose him to a real risk of inhuman or degrading treatment if returned. The Swiss authorities on asylum and ultimately the Federal Administrative Court, considered in their fully reasoned decisions, that the asylum application was not credible. It is not for the Court to substitute its own view of the facts for that of the domestic authorities, which are generally the best placed to assess the evidence (ch. 68-81). Conclusion: no violation of s. 3 ECHR if returned.
51.)Andrea Dörig Rafael gegen Schweiz
52.)Clavien Michel c. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. DECISION ESTOPPEL of the ECtHR: SUISSE: Art. 6 by. 1 ECHR. Access to court. Action declared inadmissible as out of time following the erroneous indication of remedies by the lower authority. In principle, under Swiss law, a litigant who relies on an erroneous indication of the authority shall not suffer any prejudice. However, according to settled case-law of the Federal Court, a party is not protected if it should have realized the error by paying attention by circumstances. Verification requirements are more stringent when the defendant is represented by counsel. We wait indeed lawyers to conduct a brief inspection of indications relating to remedies. The Court found that the aforementioned national jurisprudence pursued legitimate aims, namely the proper administration of justice and the principle of legal certainty. She also held that it was disproportionate to require the applicant's lawyer that makes a cursory check of the indication of the appeal period appearing on the cantonal judgment. For the Court, the impugned judgment did not restrict the right of access to a court to such an extent that it is found to be suffering very essence (ch. 14-30). Conclusion: Application declared inadmissible.
53.)Y.L. vs. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. DECISION ESTOPPEL of the ECtHR: SUISSE: Art. And 3 6 ECHR. Returning an asylum applicant in China. It is not for the Court to substitute its own view of the facts for that of the domestic authorities, which are generally the best placed to assess the evidence. In this case, the applicant did not substantiate the allegations that she would face a real risk of treatment contrary to Art. 3 ECHR if returned to China (ch. 23-32). Conclusion: Application declared inadmissible.
54.)J.F. c. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. DECISION ESTOPPEL of the ECtHR: SUISSE: Art. 6 by. 1 and 2 of the Convention. Refusal of Swiss courts to discuss the matter on an application for review. The procedure in question concerns the application for review of a judgment by which the District Court had acquitted the head of the applicant charges of sexual acts with children and put some of the costs himself. However, the applicant was acquitted, the Court considers that it can not hold that the national court has been brought in this case, to rule on the merits of the charge. The Court therefore concluded that s. 6 ECHR does not apply to the proceedings. The complaint of the right of access to court is incompatible ratione materiae with the provisions of the ECHR (ch. 17-21). The complaint that the principle of presumption of innocence is also incompatible ratione materiae with the provisions of the ECHR and must also be rejected for non-exhaustion of domestic remedies (ch. 22-27). Conclusion: Application declared inadmissible.
55.)M. R. v. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 2 and 3 ECHR. Reference to Iran of a national of that country politically active in Switzerland and supporter of an opposition movement to the Iranian regime. The applicant filed three applications for asylum in Switzerland which have been carefully examined by the national authorities. The applicant did not make credible that he exercised political activities prior to leaving Iran. Regarding political activities in exile, it is difficult to determine whether the involvement not only serves as a pretext to create grounds for asylum after the leak. In any event, the applicant, whose commitment in Switzerland is limited to assume administrative tasks and participate in events, does not present the profile of a serious opponent of the Iranian regime. The applicant has not substantiated the claim that he would run a real risk and concrete being subjected to treatment contrary to Art. 2 or 3 ECHR if returned to Iran (ch. 33-43). Conclusion: no violation of Art. 2 and 3 ECHR.
56.)H.I. c. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. DECISION ESTOPPEL of the ECtHR: SUISSE: Art. 3 and 4 ECHR. Returning an applicant for asylum in Eritrea. The Court reiterates that it is not to substitute its own view of the facts for that of the domestic authorities, which are generally the best placed to assess the evidence. In this case, the applicant did not substantiate the allegations that he would face a real risk of treatment contrary to Art. 3 ECHR if returned to Eritrea (ch. 19-31). The applicant did not invoke the complaints under Art. 4 ECHR before the national authorities, so it has not exhausted domestic remedies (ch. 32-36). Conclusion: Application declared inadmissible.
57.)Mercan Ali u. MITB. gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. ECHR ten. Criminal conviction for publicly disputed the existence of the Armenian genocide. This judgment does not differ fundamentally from Perinçek case in which the Court considered that it was not necessary in a democratic society to criminally convict the applicant to protect the rights of the Armenian community. In this case, the applicants were convicted of the same offense as Mr Perinçek in the case concerning the (art. 261 bis al. 4 CP) and based on the same arguments. It was initially announced to the media that the speaker is Mr Perinçek, but before the domestic authorities' refusal to let him enter the country, it had been replaced by the first applicant. In addition, statements made by the latter reflect the ideas of Mr Perinçek. It does not matter that the second and third applicants were convicted for racial discrimination complicity (ch. 31-33). Conclusion: violation of Art. ECHR ten.
58.)A. R., L. R. gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. DECISION ESTOPPEL of the ECtHR: SUISSE: Art. 8 para. 1 and Art. 9 para. 1 ECHR. compulsory sex education in public schools. One goal of sex education is violence prevention and sexual exploitation, which represent a real threat to the physical and moral health of children and against which they must be protected at any age. One goal of public education is to prepare children to social realities, which seems to argue in favor of sex education of very young children attending kindergarten or elementary school. The Court thus considers that the school sex education, as practiced in the canton of Basel City, is pursuing legitimate aims. Moreover, the Court considers that the Swiss authorities have respected the margin of appreciation afforded to them by the Convention (ch. 24-46). The applicant has not sufficiently substantiated the alleged violation of the right to freedom of thought, conscience and religion. The Court concludes that the complaint is manifestly ill-founded and must be rejected (ch. 47-50). Conclusion: Application declared inadmissible.
59.)I.K. gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. DECISION ESTOPPEL of the ECtHR: SUISSE: Art. 3 ECHR. Credible allegations of an applicant for asylum under threat of dismissal. The applicant claims that his return to Sierra Leone would expose him to a risk of persecution because of his homosexuality. The Court considers that the applicant has failed to produce sufficient evidence to show that he would face a real risk of treatment contrary to Art. 3 ECHR if returned to his country of origin (c. 19-30). Conclusion: Application declared inadmissible.
60.)A. v. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 2 and 3 ECHR. Referral of Iranian asylum applicant who converted to Christianity. In this case, the consequences of religious conversion applicant was examined by the Swiss authorities on asylum. They felt that the Christian converts were not at risk of ill-treatment if returned to Iran if they were particularly in view of the public eye because of their Christian faith and so therefore, the Iranian authorities were likely to perceive them as a threat. Such was not the case of the applicant, who was a regular member of a Christian group (ch. 38-46). Conclusion: no violation of Art. 2 and 3 ECHR if returned.
61.)Gabriela Kaiser gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 6 by. 1 ECHR. Refusal to grant legal aid and exemption from court costs to a divorcee and unemployed as part of a dispute over the termination of a lease. The applicant was refused the grant of free legal aid before the conciliation authority before the court of leases and rents and the Federal Court. Moreover, these two courts have imposed on the applicant the payment of court fees, although the latter has expressly asked to be exempt. The Court considered that the applicant suffered a certain restriction of his right to access to court. However, this limitation pursued a legitimate aim, including the proper administration of justice, by discharging the national courts of procedures that are immediately bound to fail. In addition, there is a reasonable relationship of proportionality between the means employed and the aim sought. Accordingly, the right of access to court was not achieved in essence (ch. 59-73). Conclusion: no violation of s. 6 by. 1 ECHR. Regarding the complaint of equality of arms, the Court considers that it is manifestly ill-founded and therefore inadmissible. It excludes that there was a clear imbalance between the applicant, represented by counsel before the domestic courts, and the opposing party, represented by a real estate administration, which would have required the granting of free legal assistance (c. 79-82). N.B. This judgment became final following the refusal of referral to the Grand Chamber.
62.)GRA Stiftung und gegen Rassismus Antisemitismus gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. ECHR ten. Freedom of expression of a foundation in the context of the campaign for a referendum on minarets. In the context of the debate surrounding the referendum, including other criticisms concerning the referendum itself by advocacy organizations for human rights, the use by the organization of the words "verbal racism" was not without factual basis. The penalty imposed on the organization could also have a deterrent effect on freedom of expression thereof. In examining the circumstances subject to their discretion, the national courts had not properly considered the principles and criteria set out in the Court's case law for the balance of the right to respect for private life and the right to freedom of expression, thus exceeding their margin of appreciation (ch. 44-80). Conclusion: violation of Art. ECHR ten.
63.)Kadusic Mihret gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 5 para. 1 and Art. 7 ECHR; art. 4 Prot. # 7 ECHR. later pronounced an institutional therapeutic measures against a detainee. The therapeutic measure - which constitutes a deprivation of liberty - has been imposed only towards the end of the execution of the original sentence and based on psychiatric reports too old. The applicant is in a clearly inadequate institution to his disorder. It follows that the deprivation of liberty as a result of the application of the therapeutic measure is not compatible with the objectives of the original sentence (ch. 38-60). Conclusion: violation of Art. 5 para. 1 ECHR. However, the Court finds that there was no retroactivity of a more severe sanction than that provided by the law in force at the time of the commission of criminal acts (ch. 66-76). Conclusion: no violation of s. 7 ECHR. The applicant's serious mental illness was already existing but undetected at the time of the original judgment. It was regarded as a newly discovered based on fact which the authorities conducted the review of the judgment in accordance with the law and penal procedure (ch. 82-86). Conclusion: no violation of s. 4 Prot. # 7 ECHR.
64.)Nait Liman Abdennacern c. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 6 by. 1 ECHR; Lack of universal jurisdiction of civil courts over torture. The case concerns the refusal of the Swiss civil courts to examine the applicant's civil action for moral damages caused by torture he alleges he suffered in Tunisia. The Court rejected by the Swiss courts, in application of art. 3 PILA their jurisdiction to hear the action of the applicant to obtain redress torture he alleges he suffered pursued legitimate aim and was not disproportionate to these (c. 217 ). Conclusion: no violation of s. 6 by. 1 ECHR. N.B. This judgment of the Grand Chamber following on the 06/21/2016 for a room, which had arrived at the same conclusion.
65.)Uche Magma gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 6 by. 1 and 3 lit. ECHR has. Right to be informed of the nature and cause of the accusation and the right to a reasoned judgment. According to the Court, the applicant knew, on the basis of the indictment, that the quantity of drug involved was considerable and finds that it is not determining whether it could accurately assess the amount. He had sufficient information to fully understand the charges against him in order to properly prepare his defense and he had the opportunity to present a grievance alleging infringement of the principle adversarial in the Supreme Court of the Canton of Bern has able to conduct a full review of the applicant's case (ch. 29-31). Conclusion: no violation of s. 6 by. 1 and 3 let. ECHR has. In its judgment of 20 June 2008, the Federal Court did not answer the applicant's complaint alleging infringement of the principle adversarial. A reply explicitly to this complaint, which had nevertheless been sufficiently substantiated in the appeal brief, it is impossible to know whether the Federal Court had simply neglected the plea of ​​the adversarial principle or whether he wanted to dismiss and for what reasons. The sentence was therefore not properly motivated (ch. 37-42). Conclusion: violation of Art. 6 by. 1 ECHR.
66.)S. F. gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 2 ECHR. Failure by the State in its duty to protect the life of the applicant's son, who committed suicide in a police cell, as well as its duty to conduct an effective investigation into the circumstances of the death. According to the Court, the authorities should have been aware of the risk of suicide of the son of the applicant. They had sufficient elements to take into account the particular vulnerability of it and to conclude that it needed close monitoring. The responsibility of the authorities is the fact of having treated the person as a person able to withstand stress and pressure, without adequate attention to his personal situation (ch. 73-99). Conclusion: violation of component materials of art. 2 ECHR. The refusal of national courts to open a criminal investigation appears neither adequate nor reasonable in light of the law and practice relevant internal (c. 116-140). Conclusion: violation of the procedural aspect of Art. 2 ECHR.
67.)Schiesser v. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 5 para. 3 ECHR. Right to be brought promptly before a judge or other officer authorized to exercise judicial fomctions. According to the applicant, the district attorney who charged him and ordered his detention was not an officer authorized by law to exercise judicial power. The magistrate should not be confused with the judge, but must nevertheless have some qualities which constitutes a guarantee for the person arrested. In this case, the district attorney intervened only as an organ of education and not as prosecution; secondly, after driving only hearing the applicant without delay, he decided in full independence and in the decision making power under the his provisional detention law without instructions from the cantonal government or the Attorney General . Therefore, he presented the guarantees of independence, procedure and substance inherent in the concept of officer authorized to exercise judicial power. Finally, art. 5 para. 3 ECHR does not require the presence of a lawyer during interrogation (ch. 34 - 38). Conclusion: no violation of s. 5 para. 3 ECHR.
68.)Truglia Mariano c. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. DECISION ESTOPPEL of the ECtHR: SUISSE: Art. 5 para. 4 ECHR. Access to a telephone conversation following a placement for assistance in a psychiatric facility. The applicant complained of a violation of his right to a fair trial because he was not aware of the contents of a telephone conversation between the Cantonal Appeals Board for detention for the purpose of support (CCR) and the psychiatric facility. Although he raises his complaint under Art. 6 by. 1 ECHR, the Court is free to redefine its arguments a complaint under Art. 5 para. 4 ECHR. The procedural guarantees entrenched in art. 6 ECHR apply to any proceedings under Art. 5 para. 4 ECHR, particularly in terms of the need for an adversarial procedure. Such a procedure requires giving the parties the possibility to comment on the items deemed relevant by the court to decide. In this case, the telephone conversation played no role in the decision of the JRC to see the merits of the applicant's placement in for assistance. This is clear from the reasoning of the decision, that the applicant has subsequently been addressed in full knowledge of the facts. Consequently, the JRC has not administered again in evidence and the applicant was not deprived of his right to be heard. The complaint under Art. 5 para. 4 ECHR must be rejected as manifestly ill-founded (c. 17-20). Conclusion: Application declared inadmissible.
69.)Ludwig Minelli A. gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 6 by. 2 ECHR. Field of material and temporal application. private prosecution for defamation. the court decision declaring extinguished by prescription, but by charging the accused some legal costs and compensation of costs to pay to the complainant. Matters covered: The injury of a right "civil" in this case the right to enjoy a good reputation, sometimes also constitutes a criminal offense. Need to examine the situation of the person, which derives the domestic legal rules in force in the light of the purpose of art. 6 ECHR as the rights of the defense. criminal nature of the non questionable procedure in this case. Art. 6 by. 2 governs all criminal proceedings, irrespective of the outcome of the prosecution, and not solely the examination of the merits of the charge. The decision to allocate the costs in the canton of Zurich is a normal part of a procedure for defamation. Temporal scope: The requirement extinguished the proceedings, but it was an official act to recognize, what did precisely the contested decision. Conclusion: applicability of s. 6 by. 2 ECHR. SWITZERLAND: Art. 6 by. 2 ECHR. Charged to the defendant of certain expenses following a dismissal. private prosecution for defamation. the court decision declaring extinguished by prescription, but by charging the accused some legal costs and compensation of costs to pay to the complainant (Art. 293 PPC Zurich). The presumption of innocence will be violated if, without the prior lawful establishment of the guilt of an accused and, in particular, without it having the opportunity to exercise the rights of defense, a judicial decision reflects on the feeling that he is guilty; it is sufficient that such feelings appear from the grounds. Such is the case here. Conclusion: violation of Art. 6 by. 2 ECHR.
70.)Werner Zimmermann, Ebner Johann Steiner-gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 6 by. 1 ECHR. Length of proceedings in the Federal Court (3 years). The procedure ran from filing the appeal to the Federal Court judgment; this resulted in a three and a half years must be regarded as significant for one level of jurisdiction and call close monitoring. The reasonableness of the length of proceedings must be assessed according to the circumstances of the case and based in particular on the complexity of the case, the conduct of the applicants and that of the authorities, as well as what was at stake for those concerned. The complexity of the case and the applicants' conduct did not affect the duration of the proceedings while the authorities was characterized by a unique long period of complete inactivity that alone could justify exceptional circumstances. A temporary backlog of do not assume any responsibility of the State if he takes, with the requisite promptness, measures to overcome the situation; it is otherwise so similar situation is prolonged and becomes structural. However, the arrangements, although reflecting a willingness to tackle the problem, have only led to unsatisfactory results. Conclusion: violation of Art. 6 by. 1 ECHR. SWITZERLAND: Art. 50 ECHR. Claim for just satisfaction of the applicants because of the length of proceedings before the Federal Court. Non-pecuniary damage: repair already assured by the judgment. Costs and expenses: reimbursed for those claimed by the applicants to the proceedings in Switzerland and then in Strasbourg. Conclusion: respondent State to pay a sum to the applicants.
71.)Peter Sutter v. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 6 by. 1 ECHR. No public hearing and public pronouncement of the judgment before the Military Court of Cassation. Advertising proceedings before the judicial bodies referred to in art. 6 by. 1 ECHR: a) Principle: it protects litigants against secret justice is one of the ways of maintaining confidence in the courts and helps achieve the goal of art. 6 by. 1 ECHR fair trial. b) Scope and conditions of implementation: the existence of a diversity of laws and practices among the member states of the Council of Europe; secondary importance to the formal aspect of the question regarding the purpose of advertising. Applicability of art. 6 uncontested ECHR; terms dependent on specifics of the procedure in question; need to take into account the entire trial. Lack of public debate: the Divisional Court heard the case in public; the Military Court of Cassation did not rule on the merits; he dismissed the applicant by a stop solely devoted to the interpretation of rules of law in question. Conclusion: no violation of s. 6 by. 1 ECHR.
72.)Sanchez-Reisse Leandro c. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 5 para. 4 and 50 ECHR. Detention pending extradition and rejection by the Federal Tribunal applications for release "notice" of the Federal Office of Police (FOP). Terms and length of the procedure. Application of just satisfaction for costs and expenses. Regarding the impossibility of directly to a court, the Federal Court was legally the sole use of the recipient, but the practice was that the OFP should receive the first to hear and express a "notice" about it . Such action has not hindered the applicant's access to the Tribunal or limited control of it. Regarding the impossibility to assume self defense, the complainant's no basis in the text of art. 5 para. 4 ECHR and loses sight in prescribing using a Swiss law lawyer offers a guarantee importance to the person subject to extradition proceedings. Finally, the applicant relies on the inability to replicate the notice of the OFP and to appear in person in court. Art. 5 para. 4 commander in this case to ensure the complainant, in one way or another, the benefit of adversarial proceedings. Failing to appear in person before the Federal Court, he should be able to respond in writing to the notice of the OFP; or there is no evidence that he was well. Conclusion: violation of Art. 5 para. 4 ECHR. Periods to be taken into account in determining the length of the proceedings reach thirty-one days in one case, and forty-six days the next. The notion of "short time" can not be defined in the abstract, but must be assessed in light of the circumstances of each case. In casu, the circumstances show as excessive durations involved. Conclusion: violation of Art. 5 para. 4 ECHR. Judging met in this case the conditions that its judgments, the Court allowed the claim for just satisfaction for costs and the applicant's costs. Conclusion: respondent State to pay a certain sum to the applicant.
73.)F. c. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 12 ECHR. Temporary prohibition of remarriage after divorce, hitting spouse held responsible for disunity. The exercise of the right to marry guaranteed by s. 12 ECHR subject to the national law, but the limitations thereby introduced must not restrict or reduce the right in question in some way to a degree that would reach the very essence. The waiting time does not exist in the law of other Contracting States. The Convention must be interpreted in the light of the conditions of life today. However, the fact that a country is isolated on an aspect of its legislation does not necessarily mean that that aspect offends the Convention. The stability of marriage is a legitimate aim in the public interest, but the Court doubt about the appropriateness of the means used to achieve it. She does not agree with the contention that the temporary prohibition of remarriage is designed to preserve the rights of others, such as those of the future spouse of the divorced spouse. Similarly unborn children may suffer from certain prejudices and be socially handicapped. The argument for thinking time imposed on the person to protect it against itself is underweight in the case of an adult in possession of his mental faculties. Art. 12 ECHR guarantees the right to divorced remarry without the unreasonable restrictions. The measure at issue affect the substance of the right to marry and was disproportionate to the legitimate aim pursued. Conclusion: violation of Art. 12 ECHR. SWITZERLAND: Art. 50 ECHR. Claim for just satisfaction and changes in legislation. The Convention does not give the Court the jurisdiction to order Switzerland to alter its legislation on prohibition of remarriage. The moral damage has been sufficiently repaired by the judgment. As for costs and expenses, the exposure amount is reasonable and must be repaid. Conclusion: respondent State to pay a certain sum to the applicant.
74.)Belilos Marlene c. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 64 ECHR. Scope of the interpretative declaration made upon ratification of the Convention on the art. 6 by. 1 ECHR. Lack of a full jurisdiction appeal against an administrative fine imposed under the law of Vaud Municipal Decisions 17/11/1969. To establish the legal character of an interpretative declaration, it is appropriate to look behind the title and seek to determine the substantive content. The Court has the duty to ensure it that the obligations of the Convention subject to restrictions which would not satisfy the requirements of Art. 64 ECHR on reservations. By "general reservation", art. 64 para. 1 ECHR meant in particular a reservation couched in terms too vague or broad for it to be possible to determine the exact meaning and scope. The contested statement does not measure exactly the scope of Switzerland's commitment, particularly as to which categories of dispute and as to whether the "final judicial review" is exercised or not the facts of 'a cause. It lends itself to different interpretations, while art. 64 para. 1 requires precision and clarity. The requirement for a "brief statement of the law concerned" in s. 64 para. 2 is both evidence and legal safety factor. Conclusion: reject the preliminary objection raised by the Swiss Government is bound by the Convention irrespective of the validity of the statement. SWITZERLAND: Art. 6 by. 1 ECHR. Lack of a full jurisdiction appeal against an administrative fine imposed under the law of Vaud Municipal Decisions 17/11/1969. The Police Commission is an official member upper from the police headquarters and can be called to do it again for other tasks. Litigants will tend to see him as a member of the police force, integrated with a hierarchy and several of his colleagues. Such a situation may undermine the confidence which the courts must inspire in a democratic society. As for remedies, they have failed to fill the gaps in the first instance. Indeed, the action for reform to the Criminal Court of Cassation of the Cantonal Court was not taken into account because it did not correspond to the nature of the applicant's complaints. The appeal for annulment with the same instance is accompanied by a process devoid of oral proceedings and taking of evidence, and does not allow a free review of the facts. Finally, the public law appeal to the Federal Court does not allow for a review of questions of fact and law since its discretion is limited to the arbitrary. Conclusion: violation of Art. 6 by. 1 ECHR. SWITZERLAND: Art. 50 ECHR. Request for cancellation and refund an administrative fine of legislative change and refund of costs and expenses. The Court may require Switzerland to erase the sentence against the applicant. It can not speculate on the outcome that the proceedings would have known if the violation of the Convention had not occurred. The Court has no jurisdiction to order the respondent State to amend its legislation. He must pay court costs and legal fees relating to national procedures. It is also partially reimburse the costs of European procedures not covered by legal aid. Conclusion: respondent State to pay specified sums to the applicant.
75.)Müller Felix, et al. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. ECHR ten. Conviction for obscene publications and confiscation of the paintings in an exhibition. Art. 10 ECHR includes freedom of artistic expression; the conviction and the confiscation of the paintings constitute interference by public authority. The applicants' conviction was prescribed by law. Indeed, the established case law of the Federal Court as to the publication of obscene objects complete the letter of art. 204 hp. 1 CP. The sentence also tends to a legitimate purpose, since art. CP 204 is intended to protect public morality. In the circumstances, and the margin of appreciation reserved by art. 10 c. 2 ECHR, the Swiss courts were entitled to consider "necessary" for the protection of morals to impose a fine on the applicants for publishing obscene material. The confiscation of the paintings was prescribed by law, the jurisprudence of the Federal Court has tempered the rigor of art. 204 hp. 3 CP. She pursued a legitimate aim which was that of the protection of morals. A principle of law, common to the Contracting States allows confiscation of items whose use has been regularly considered illicit and dangerous to the general interest. However, forfeiture may be, upon request, removed or modified if the object has more danger or if another measurement is sufficient to protect public morals. In this case, the Swiss courts were entitled to consider confiscation necessary for the protection of morals. Conclusion: no violation of s. ECHR ten.
76.)Edmund Schönenberger, Mehmet Durmaz gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 8 ECHR. Non-transmission of a letter from a lawyer to a person in custody, acting on the instructions of the woman it. According to the jurisprudence of the Court, the defense of order and the prevention of crime can justify further interference in respect of a person in custody. However, they must be based on a pressing social need and remain proportionate to the legitimate aim pursued. The content of the letter in question did not create any danger of connivance between the sender and the recipient. Similarly, the fact that the lawyer had not been formally mandated by the detainee is of little importance in the circumstances. The result is that the interference was not necessary in a democratic society. Conclusion: violation of Art. 8 ECHR.
77.)Peter Schenk v. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 6 by. 1 and 2 of the Convention. Use as evidence of the recording of a conversation obtained illegally telephone. It is not for the Court to deal with errors of fact or law allegedly committed by a national court unless and to the extent that they may have infringed rights and freedoms protected by the Convention. Art. 6 ECHR does not regulate the admissibility of evidence which therefore falls priori domestic law. This results in the inability of the Court to rule in the abstract principle and the admissibility of evidence gathered illegally. It has only to examine whether the trial presented fair. In this case, there is no breach of the rights of defense; moreover, has telephone recording not the only means of evidence on which the conviction. The minutes of the hearings and the text of the judgment at first instance can not be inferred that the applicant was presumed guilty before conviction. Conclusion: no violation of s. 6 by. 1 and 2 of the Convention.
78.)Groppera Radio Schweiz AG gegen Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. ECHR ten. Prohibiting a corporation that holds a community antenna concession on cable retransmission of broadcasts from Italy to Switzerland. The broadcast by radio programs as their cable retransmission path are activities covered by freedom of expression. The replay of Ban emissions under the responsibility of applicants constitutes "interference by public authority" under Art. ECHR ten. The reference by national law to regulation of international law is likely to meet the requirement of "prescribed by law" required by s. 10 para. 2 ECHR, if sufficiently accessible and precise. The standards in question, although with strong technical aspect and complex were clean to allow the applicants to learn comprehensively about the applicable rules, if necessary by resorting to the help of a board. In addition, the defense of the international telecommunications order and the protection of the rights of others are legitimate aims compatible with the Convention. Conclusion: no violation of s. ECHR ten.
79.)H, et al. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. DECISION ESTOPPEL of the ECtHR: SUISSE: Art. 3 ECHR. Reference to Italy to Central African asylum seekers under the Dublin Regulation. The Italian authorities have assured their Swiss counterparts that the applicants would be welcomed in a dedicated center for families with minor children. Moreover, the Court notes that the state of health of the second applicant with HIV is stable, as the necessary medical treatment is not complex, that the Italian authorities were informed of his health and his medical needs and have confirmed the availability of the necessary treatment (ch. 15-25). Conclusion: Application declared inadmissible.
80.)Franz Weber v. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 6 by. 1 and 64 ECHR. Right to public hearing on conviction to a fine for violation of the confidentiality of the investigation in a summary procedure. Switzerland's reserve. The applicant complains that the President of the Criminal Cassation Division of the District Court, and it ruled itself without public hearing. Use by the Court of the criteria laid down in its established case law to determine the disciplinary or criminal proceedings against the applicant. admitted criminal in this case, given the nature of the breach and the nature and degree of severity of the penalty, of up to 500 francs. and be converted into stoppages. Unlike judges, lawyers and other servants of justice, the parties are not subject to the disciplinary sphere of justice because of their participation in the procedure as litigants. The Court declared the Swiss reservation to Art. 6 by. 1 ECHR as inconsistent with s. 64 para. 1 ECHR, the Government did not append "a brief statement of the law concerned." The requirement of s. 2 of art. 64 ECHR "is both evidence and legal safety factor"; it "aims to offer, including the Contracting Parties and the Convention institutions, the guarantee that the reservation does not go beyond the provisions expressly excluded by the State concerned." The applicant was therefore entitled to a public hearing on the merits of the charge against him. The publicity of proceedings before the Federal Court was not enough to fill this gap. Conclusion: violation of Art. 6 by. 1 SWITZERLAND ECHR Art. ECHR ten. Imposition of a fine for violation of the confidentiality of the investigation in a summary procedure. The applicant filed a complaint for defamation against the author of a "drive letter" published in the newspaper "L'Est Vaudois". While the proceedings were pending, he held a press conference on the development of the case, after which he was fined. According to the applicant, his conviction would violate s. ECHR ten. Under the particular circumstances of the case and the actual terms of the judgments of the courts, the Court considered that the application of Articles 184 and 185 CPP / VD to the person tended to ensure the smooth running of the investigation, so to protect the authority and impartiality of the judiciary. But the Court opposes the government perspective, for which the measurement meets a need "in a democratic society", the interest of secrecy over existing only at the time of the press conference. Conclusion: violation of Art. ECHR ten.
81.)Autronic AG Schweiz gegen Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: ART. ECHR ten. Refusal PTT lack of consent of the state issuer to authorize a specialized in domestic electronics company to receive, using a satellite antenna private, uncoded television programs for the general public and originating from a Soviet telecommunications satellite. Neither the legal status of a limited company or the commercial nature of its activities, or the nature of freedom of expression can not deprive the applicant of the benefit of art. ECHR ten. This applies to "any person" or entity, and concerns not only the content of information but also the means of transmission or reception. The reception of television programs by means of an antenna within the right laid by the first two sentences of art. 10 para. 1 ECHR, without having to search for what reason and for what purpose the holder is to be exercised. According to the Court, the legal basis for the interference is the Federal Law of 1922 and art. 66 of Ordinance 1 on it, combined with art. 22 of the International Telecommunication Convention and the provisions of the Radio Regulations. Given the public to whom they are addressed, these texts have sufficient accessibility, even if some have not been published in full systematic collection. The Court raises - without deciding - the issue of the clarity and precision of provisions applied. The Court finds that the interference was not "necessary in a democratic society," the only kind of emissions involved preventing qualify them as not intended for general use by the public. In addition, the Government conceded no risk of obtaining secret information using parabolic antennas capturing emissions from telecommunication satellites. Conclusion: violation of Art. ECHR ten.
82.)Jutta Huber gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 5 para. 3 ECHR. Impartiality, when issuing the arrest warrant, a district attorney who served successively investigating and prosecutorial functions in the same case. In the opinion of the applicant, the district attorney could not be considered an "officer authorized by law to exercise judicial power". According to the Government, the District Attorney is essentially, despite its title, an investigating judge. While it is up to him to write the indictment, but the cantonal law requires it to consider the exculpatory evidence as well as load. In this case, he would have ordered the arrest of the applicant independently, and at this stage it was not ruling on the guilt. The mere fact that fourteen months later presented the indictment should not compromise its independence afterwards; The Government fully supports the considerations set out by the Federal Court in its judgment of 14 Ante Djukic March 1989 according to which it should only be placed at the time of the arrest, without regard to the possibility of further intervention district Attorney as prosecution. In the Schiesser judgment of 4 December 1979, concerning as it the status and tasks of district prosecutors in the canton of Zurich, the Court found no violation of Art. 5 para. 3 ECHR. Subsequently, however, in cases relating to the military prosecutor in the Netherlands, the Court noted that it could be "independent of the parties" to the stage of detention, precisely because it was likely to become one of them during the subsequent phase. There is no reason in this case to reach a different conclusion to the criminal justice law. Conclusion: violation of Art. 5 para. 3 ECHR.
83.)Claudio Quaranta v. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 6 by. 3 let. c ECHR. Refusal to appoint a lawyer during the investigation and trial hearing in the context of criminal proceedings relating to the use and abuse of narcotics. The right to assistance of a lawyer is subject to two conditions: the absence of "means to pay for legal" - not disputed in this case - and "the interests of justice." To examine this second condition, the Court uses various criteria, namely the gravity of the offense and the severity of the penalty, the complexity of the case and the personality of the applicant. In this case, the personal appearance of the person concerned has not provided him the means to make its case properly. This failure has been corrected or before the Criminal Court of Cassation or the Federal Court, because of the limits of their control. Conclusion: violation of Art. 6 by. 3 let. c ECHR.
84.)S. c. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 6 by. 3 let. c ECHR. Barriers to free communication between an accused in custody and his lawyer. The right of the accused to communicate with his lawyer out of hearing of a third person, although not expressly enshrined in the Convention, among the basic requirements of a fair trial in a democratic society and follows from the art. 6 c. 3 let. c ECHR. The Government referred that the measure was based on "clues indicating a danger of collusion in the person of the defense attorney." The Court considers that such a possibility can not justify the impugned restriction, the latter also having lasted more than seven months. Conclusion: violation of Art. 6 by. 3 let. c ECHR.
85.)Ludwig Lüdi gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 8 ECHR. Getting on telephone tapping doubled the intervention of an undercover agent. The telephone tapping table is an interference with private life and correspondence provided by law and pursued the legitimate aim of preventing crime. "As for the use of an undercover agent, the operation was within the context a transaction of cocaine and tended to stop sponsors;. she touched either in itself or by its combination with wiretapping, to the sphere of private life the person must realize that he might meet a police officer infiltrated responsible for unmasking. Conclusion: no violation of Article 8 ECHR SWITZERLAND:...... art 6 by 1 and 3 letter d ECHR combined lined plays table on Implementation of intervention of an undercover agent. for use in criminal proceedings of reports by this agent and not this witness at the trial. Recall the law of the Court concerning the production and admissibility of evidence as well as 'the concept of "control". in case, including condemnation based on written evidence of a sworn police officer whose instruction the judge knew the mission. The refusal by the magistrate and trial courts to hear the undercover agent at no time during the proceedings enabled the applicant or his counsel to question or cast doubt on his credibility. Possibility yet to do so to take into account the legitimate interest of the police authorities to protect the anonymity of their agent. Limitation of rights of the defense as they have deprived the applicant of a fair trial. Conclusion: violation of Art. 6 by. 1 and 3 let. of ECHR combined.
86.)W. gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 5 para. 3 ECHR. Length of detention (4 years). Refusal to release the applicant based on two main reasons, the risk of flight and danger of collusion. Given the specific characteristics of the applicant's situation, there was no doubt about its persistent intention to evade justice and the danger of collusion was not excluded. The reasons to dismiss his applications for release were therefore both relevant and sufficient. For the rest, the investigation authorities conducted the research with the necessary promptness, the length of the contested detention is due to the exceptional complexity of the case and the applicant's conduct. Conclusion: no violation of s. 5 para. 3 ECHR.
87.)Martin Kraska gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 6 by. 1 ECHR. Impartiality of a judge who could not study the entire file in an authorization procedure to exercise the medical profession independently. The applicant was entitled to the grant of authorization to practice independently in medical profession when it fulfilled the legal conditions; the right at issue was civil as the applicant wanted to work in the private sector, and the procedure of the public right of action had a direct impact on the recognition of the right claimed. Conclusion: applicability of s. 6 by. 1 ECHR. For the impugned proceedings, as a whole, must put the fairness, the court including the obligation to conduct a proper examination of the submissions, arguments and evidence adduced by the parties, except to appreciate the relevance to the decision to return. In this case, the Federal Court judges have all had access to the cantonal issue and that of their own jurisdiction, except one who complained at the hearing not to have received the day before and not having been the study in full. He took an active part in the deliberations and proposed a solution contrary to the rapporteur judge, but it's a third way that was adopted. There is therefore no evidence that judges have not carefully considered the appeal before ruling, even less than adjournment was not requested. The apprehensions of the defendant were therefore not objectively justified. Conclusion: no violation of s. 6 by. 1 ECHR.
88.)Schuler-Zgraggen Margrit gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 50 ECHR. Default interest for just satisfaction submitted by an applicant, which, in an earlier judgment, the Court considered the victim of a violation of Article 14 ECHR in conjunction with Article 6 para. 1 ECHR. The Court takes note of the revision procedure, which, following its principal judgment, took place before the TFA and resulted in the retroactive granting the applicant a full disability pension - failure to take into account by the Tribunal of the passage of time (about eight years). Justified on the ground of the Convention to award interest for the period in question, the Court does not yet subscribing to the assessment method proposed by the applicant. The respondent State was ordered to pay 25,000 Swiss francs to the applicant for pecuniary damage (seven votes against two). The Court dismissed, unanimously, the claim for just satisfaction for the surpluses. Conclusion: State must pay a certain sum to the applicant.
89.)Imbrioscia Franco gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 6 by. 1 and 3 let. c ECHR combined. Absence of a lawyer during several interrogation of a suspect by the police and the district attorney. Art. 6 ECHR also applies to certain conditions, in the investigation phase preceding the trial proceedings (ch. 36). Any failure of a lawyer chosen by the accused is not attributable to the State. Here, since the withdrawal of the lawyer, the authorities désignèrent a lawyer who received the case file and did not raise the problem of the absence of counsel prior to questioning. Finally, the trial proceedings, the proceedings before the district court and the appellate court surrounded themselves with adequate safeguards (Chapter 41 -. 43). Conclusion: no violation of s. 6 by. 1 and 3 let. c ECHR combined.
90.)Danelyan Tatyana, Danelyan Genadij gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. DECISION ESTOPPEL of the ECtHR: SUISSE: Art. 8 and art. 13 in conjunction with Art. 6 by. 1 ECHR. Refusal to grant a residence permit and return to Armenia. Given the margin of appreciation left to States on immigration, the Court considers that a fair balance was struck between the applicants' private interest in continuing to reside in Switzerland and the interest of public order the state to control immigration. This part of the application must be rejected as manifestly ill-founded (c. 21-32). The Court notes that the Federal Court, in a landmark decision, considered that the lack of judicial remedy against a decision of the cantonal administration, refusing to open a procedure for granting a residence permit, did not meet the constitutional guarantee of access to the courts. However, he felt compelled to ensure the implementation of the unconstitutional federal law. In any case, reporting the complaint under Art. 8 ECHR inadmissible as being manifestly ill-founded, the Court considers that the applicants had no arguable claim for which they could exercise their right to an effective remedy within the meaning of art. 13 of the Convention. The complaint under Art. 13 in conjunction with Art. 8 ECHR must be rejected as manifestly ill-founded (c. 33-41). Conclusion: Application declared inadmissible.
91.)Hurtado v. Swiss
92.)Burghartz Susanna Burghartz Albert gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 14 in conjunction with Art. 8 ECHR. Inability of the husband to precede his own name the surname of his wife's family name. The Government disputed the applicability of art. 14 in conjunction with Art. 8 ECHR on the grounds that the only art. 5 Prot. No. 7 ECHR as lex specialis and subject thereto made by Switzerland on the family name. But this article is an additional clause and is not a substitute for art. 8 ECHR or reduce its scope. As a means of identification and a link to a family, the name of a person relates to private and family life, including the right of the individual to establish and develop relationships with others, including in the professional field when the applicant became known under its former name (ch. 22 - 24). Conclusion: applicability of s. 14 in conjunction with Art. 8 ECHR. The addition by the husband of his name to the common name, borrowed from the wife, does not reflect the unity of the family to a lesser degree than the converse. There is no real tradition, the choice of one of the family names as their family name not being more deliberate on the part of the husband than in women, it is not justified to impose different consequences. Finally, the other name as the compound name, do not equal the legal surname, only one to appear in the official records of a person. The difference in treatment complained of therefore lacks objective and reasonable justification (ch. 25 - 29). Conclusion: violation of Art. 14 in conjunction with Art. 8 ECHR.
93.)Scherer v. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Striking following the applicant's death sentenced for the projection of an obscene film in a room in the back of a sex shop. In this case, the applicant's death is a "fact of a kind to provide a solution to the dispute". There is no reason of public policy requiring the continuation of the proceedings, especially since after the facts of the case, the Federal Court case law and Swiss law relating to obscene objects have undergone profound changes (ch . 32). Conclusion: struck.
94.)Schuler-Zgraggen Margrit gegen Schweiz Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 50 ECHR. Default interest for just satisfaction submitted by an applicant, which, in an earlier judgment, the Court considered the victim of a violation of Article 14 ECHR in conjunction with Article 6 para. 1 ECHR. The Court takes note of the revision procedure, which, following its principal judgment, took place before the TFA and resulted in the retroactive granting the applicant a full disability pension - failure to take into account by the Tribunal of the passage of time (about eight years). Justified on the ground of the Convention to award interest for the period in question, the Court does not yet subscribing to the assessment method proposed by the applicant. The respondent State was ordered to pay 25,000 Swiss francs to the applicant for pecuniary damage (seven votes against two). The Court dismissed, unanimously, the claim for just satisfaction for the surpluses. Conclusion: State must pay a certain sum to the applicant.
95.)Gül v. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 8 ECHR. Family reunion. Refusal to allow a child to join his parents for the benefit of a residence permit on humanitarian grounds in Switzerland. The moment and the very fact of his birth, there is between a child and his parents a bond amounting to "family life" (c. 32 and 33). In terms of immigration, it is not possible to interpret s. 8 ECHR as to impose on a State a general obligation to respect the choice of joint residence of married couples and to authorize family reunion in its territory; the extent of the obligations of the state depends on the situation of the interested parties and the public interest. The state, which enjoys a certain margin of appreciation, must strike a fair balance between the competing interests at stake. In this case, the applicant and his wife are not in favor of a settlement permit, but simply a residence permit for humanitarian reasons does not confer any right to family reunification. In view of various elements (higher risk of prosecution at the origin of the request for political asylum, possibility to continue receiving the disability pension and dispose of medical care for the wife in Turkey), the Court considers there is no obstacle to the development of a family life in Turkey, where the child has lived. Even if the applicant's family is in a difficult situation of the human point of view, Switzerland has not disregarded the obligations relating to art. 8 para. 1 ECHR and there is no interference with the applicant's family life (ch. 38 - 43). Conclusion: no violation of s. 8 ECHR.
96.)Thomann v. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 6 by. 1 ECHR. impartiality of judges who ruled default, then retried in ordinary procedure. As explained by the Federal Court, the judges reviewing the presence of the person concerned a case they first tried by default, to resume its starting point the whole case, without being bound by their first decision; all issues are open and are the subject of a debate in the light of more complete information that can provide the personal appearance of the accused. This is also what happened in this case. Moreover, if a court were to change its composition every time it grants the relief request an absent convicted, it would be an advantage over the accused appearing at the opening of their trial; in addition, the work of the judiciary would be slowed down, which seems incompatible with the respect of the "reasonable time" (ch. 35 and 36). Conclusion: no violation of s. 6 by. 1 ECHR.
97.)Ankerl c. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 26 and 6. 1 ECHR. Preliminary objection of non-exhaustion of domestic remedies. Equality of arms. Inability spouse of a party to a civil lawsuit to be heard under oath as a witness. The Federal Court has declared inadmissible the complaint relating to the art. 6 by. 1 ECHR because of the lack of motivation, the Government considers that there is no exhaustion of domestic remedies. The Court noted that the applicant expressly relied in its brief before the Federal Court that provision and, at least in substance, the complaint he makes statement now before it. Conclusion: Rejection of the preliminary objection. The requirement of "equality of arms" also applies in disputes between private interests and involves the obligation to give each party a reasonable opportunity to present his case, including his evidence under conditions that the not placed in a distinct disadvantage relative to his opponent; differential treatment as to the witnesses of the parties may be liable to infringe the principle. In this case, the applicant's wife was heard by the trial court and it was entitled under the free evaluation of evidence incumbent on it, not to consider his statements as decisive; Furthermore, it does not appear that the judgment has given particular weight to the testimony of another person because of his oaths. Finally, the court relied on other elements that the only contentious statements. The Court does not see how the applicant's swearing wife could have influenced the outcome of the trial and noted that the applicant was not placed in a situation of clear disadvantage compared to his opponent ( ch. 38). Conclusion: no violation of s. 6 by. 1 ECHR.
98.)Nideröst-Huber v. Swiss
99.)Balmer-Schafroth v. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 25, 6 s. 1 and 13 of the Convention. Preliminary objection for lack of victim status. Applicability to challenge the authorization to operate a nuclear power plant. effective remedy before a national authority. Since the Federal Council declared the opposition admissible applicants, they are directly affected and it is justified to consider them as victims (ch. 25-26). Conclusion: Rejection of the preliminary objection. For art. 6 by. 1 ECHR is applicable, there must be a genuine and serious dispute over a right which can be said, at least on arguable grounds, recognized under domestic law. The outcome of the proceedings must be directly decisive for the right in question, so that a tenuous connection or remote consequences are not sufficient to bring into play the art. 6 by. 1 ECHR. In this case, the applicants rely on the right to adequate protection of their physical integrity against the risks posed by the use of nuclear energy, right under Swiss law; the real and serious nature of the challenge is not in doubt. On the other hand, failed to show that they were personally exposed to a serious, specific and imminent, the applicants have not established a direct link between the operating conditions of the nuclear power plant and their right to protection physical integrity. Neither the dangers nor the remedies were the degree of probability that made the outcome of the proceedings directly decisive for the right asserted by the parties concerned, linked with the Federal Council's decision was too tenuous and remote (ch 32 -. 40 ). Conclusion: inapplicability of art. 6 by. 1 ECHR. The Court reached the same conclusion as in art. 13 ECHR (ch. 42). Conclusion: inapplicability of art. 13 of the Convention.
100.)E. L., R. L. and J.O.-L. vs. Swiss Regeste Diese Zusammenfassung existiert nur auf Englisch. SWITZERLAND: Art. 6 by. 2 ECHR. criminal sanction on heirs for tax evasion committed by the deceased. In view of the decisive criteria in determining whether a person is "charged with a criminal offense" (legal classification of the offense, the nature of it and the degree of severity of the penalty), the fine imposed was not negligible and constituted essentially punitive sanction; Furthermore, the Federal Court considered that it was likely "criminal" and on the "guilt" of the offending taxpayer (ch. 44 - 47). Conclusion: applicability of s. 6 by. 2 ECHR. The recovery from the applicants of unpaid taxes can not be debatable, tax debts, like other debts incurred by the deceased, to be paid out of the estate; However, the imposition of a criminal penalty survivors for acts apparently committed by a deceased person is a different matter. But the fundamental rule of criminal law is that criminal liability does not survive the perpetrator of the offense, which also applies to the presumption of innocence: inherit the guilt of the deceased is not compatible with standards of criminal justice in a society governed by the rule of law (ch. 51 - 53). Conclusion: violation of Art. 6 by. 2 ECHR.
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