CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 13 septembre 1996

.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 } .s23A41E03 { width:36pt; display:inline-block }    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 on 24 February 1995 by the European Commission of Human Rights in accordance with Article 31 (art. 31) of the Convention relating to the application lodged on 23 May 1990 by the company S., C. and Co, represented by Mr M.S., the company's employes: Mr M.S., the heirs of G.C., Mr C.J., Ms E.S., Mr M.S. and Mr H.O. against Switzerland (Application No. 16744/90);     Whereas on 29 March 1995 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, as declared admissible by the Commission on 11 January 1994, the applicants complained of the absence of independence and impartiality before the board of appeal for foreign compensation, the length and the absence of publicity of certain proceedings;     Whereas in its report the Commission expressed, unanimously, the opinion that there had been no violation of Article 6, paragraph 1 (art. 6-1), of the Convention as regards the character of independence and impartiality of the board of appeal for foreign compensation; that there had been a violation of Article 6, paragraph 1 (art. 6-1), of the Convention as regards the absence of a public hearing and that there had been no violation of Article 6, paragraph 1 (art. 6-1), of the Convention as regards the length of the proceedings;     Whereas, at the 542nd meeting of the Ministers' Deputies held on 7 September 1995, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, having voted in accordance with the provisions of Article 32, paragraph 1 (art. 32-1), of the Convention, that there had been in this case a violation of Article 6, paragraph 1 (art. 6-1), of the Convention as regards the absence of a public hearing, that there had been no violation of Article 6, paragraph 1 (art. 6-1), of the Convention as regards the right to an independent and impartial court and that there had been no violation of Article 6, paragraph 1 (art. 6-1), of the Convention as regards the length of the proceedings;     Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicants, proposals supplemented by a letter of the President of the Commission dated 26 January 1996;     Whereas, at the 559th meeting of the Deputies held on 22 March 1996, the Committee of Ministers decided, in accordance with Article 32, paragraph 2 (art. 32-2), of the Convention, that the Government of Switzerland was to pay jointly to the six applicants as just satisfaction, within three months, 3 000 Swiss francs in respect of non-pecuniary damage and 2 500 Swiss francs in respect of costs and expenses, namely a total sum of 5 500 Swiss francs and that interest on any non-paid sum at the statutory rate applicable on the date of this decision should be payable from the expiry of the above-mentioned three months time-limit until settlement;     Whereas the Committee of Ministers invited the Government of Switzerland to inform it of the measures taken following its decisions of 7 September 1995 and 22 March 1996, having regard to Switzerland's obligation under Article 32, paragraph 4 (art. 32-4), of the Convention to abide by them;     Whereas during the examination of the case by the Committee of Ministers, the Government of Switzerland gave the Committee information about the measures taken, which information appears in the appendix to this resolution;     Whereas the Committee of Ministers satisfied itself that on 4 June 1996, within the time-limit set, the Government of Switzerland paid the applicants the total sum of 5 500 Swiss francs as just satisfaction,     Declares, having taken note of the measures taken by the Government of Switzerland, that it has exercised its functions under Article 32 (art. 32) of the Convention in this case;     Authorises the publication of the report adopted by the Commission in this case.   Appendix to Resolution DH (96) 467   Information provided by the Government of Switzerland during the examination of the case of M. S. and others by the Committee of Ministers     The order of 3 February 1993 which deals with the organisation and procedure of the Federal appeal and arbitration boards provides under Article 23 for the principle of public hearings. Appendix 1 of the above-mentioned text, which lists the appeal boards covered by this text, includes notably the appeal and arbitration board, involved in the present case.     This order entered into force on 1 January 1994. On 24 February 1995, when the European Commission of Human Rights adopted its report, measures had therefore already been taken in order to avoid the repetition of the violation found.     The Government of Switzerland considers therefore that these measures will prevent the repetition of the violation found in the present case and that it has fulfilled its obligations under the Convention.