CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 10 novembre 1983

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }  The Committee of Ministers, under the terms of Article 32 (art. 32) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),   Having regard to the report drawn up by the European Commission of Human Rights in accordance with Article 31 (art. 31) of the Convention relating to the application lodged by Mrs Gabriele Kröcher and Mr Christian Möller against Switzerland (No. 8463/78);   Whereas on 20 April 1983 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1 (art. 32-1), of the Convention has elapsed without the case having been brought before the European Court of Human Rights, in pursuance of Article 48 (art. 48) of the Convention;   Whereas in their application introduced on 21 December 1978, the applicants complained of an alleged violation of Article 3 (art. 3) of the Convention underlining that the conditions of imprisonment, during the whole period of their detention on remand as well as afterwards, constituted a treatment contrary to this provision of the Convention and whereas they further complained of an alleged violation of Article 6 (art. 6), concerning encroachment of their right to correspond with their lawyer;   Whereas the Commission, having declared the application partly admissible on 9 June 1981, examined in its report adopted on 16 December 1982 the question whether the conditions of the applicants' detention applied by the Swiss authorities in this case were compatible with the terms of Article 3 (art. 3) of the Convention;   Whereas the Commission has expressed the opinion, by eight votes to five, that there had been no violation of Article 3 (art. 3) of the Convention in this case;   Agreeing with the opinion expressed by the Commission in accordance with Article 31, paragraph 1 (art. 31-1), of the Convention;   Voting in accordance with the provisions of Article 31, paragraph 1 (art. 31-1), of the Convention,   Decides that, in this case, there had been no violation of the Convention for the Protection of Human Rights and Fundamental Freedoms.