CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 9 décembre 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 54 (art. 54) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),   Having regard to the judgment of the European Court of Human Rights in the Zimmermann and Steiner case, delivered on 13 July 1983 and transmitted the same day to the Committee of Ministers;   Recalling that this case had its origin in an application against Switzerland lodged on 30 August 1979 with the European Commission of Human Rights under Article 25 (art. 25) of the Convention by two Swiss citizens Mr Werner Zimmermann and Mr Johann Steiner, alleging violation of Article 6, paragraph 1 (art. 6-1), of the Convention;   Recalling that this case had been brought before the Court by the European Commission of Human Rights and by the Government of Switzerland;   Whereas in its judgment of 13 July 1983 the Court unanimously;   - Holds that there has been a violation of Article 6, paragraph 1 (art. 6-1), of the Convention;   - Holds that the respondent state is to pay to the applicants two thousand four hundred and sixty Swiss francs (2 460 SF) in respect of costs and expenses;   - Rejects the remainder of the claim for just satisfaction;   Having regard to the "Rules concerning the application of Article 54 (art. 54) of the Convention";   Having invited the Government of Switzerland to inform it of the measures which had been taken in consequence of the judgment having regard to its obligation under Article 53 (art. 53) of the Convention to abide by the judgment;   Whereas, during the examination of this case by the Committee of Ministers, the Government of Switzerland informed the Committee of the measures taken in consequence of the judgment, this information being summarised at the appendix to this Resolution;   Having satisfied itself that the Government of Switzerland has paid to the applicant the sum awarded by the Court in respect of costs and expenses in its judgment;   Taking note of the information supplied by the Government of Switzerland,   Declares that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.   Appendix to Resolution DH (83) 17   Information provided by the Government of Switzerland during the examination of the Zimmermann and Steiner case by the Committee of Ministers   Following the judgment delivered by the European Court of Human Rights on 13 July 1983, the Swiss Government informed the applicants on 20 July that the expenses of 2 460 SF awarded to them by the Court under Article 50 (art. 50) of the Convention would shortly be paid over. Payment was made on 11 August 1983.   On request, the applicants' representative acknowledged receipt of payment on 25 September 1983.   The Swiss Federal Court learned immediately of the judgment since it was represented by its Registrar at the delivery of judgment in Strasbourg.   The Swiss Government informed Parliament of the judgment through the appropriate channels.   To ensure that specialist circles are suitably notified of the judgment, the Federal Department of Justice has communicated it to the Swiss Bar Association, the "Revue suisse de Jurisprudence" and the "Journal des tribunaux".   It has also decided to publish the judgment's main points of law in the periodical "Jurisprudence des autorités administratives de la Confédération".   With regard to planned general measures incidental to the case, the Swiss Government points out that a total revision of the 1943 Federal Judicature Act is contemplated and that the Federal Office of Justice and Police recently sent the appropriate quarters a preliminary draft for comment (see paragraph 16 of the judgment).   In addition, to deal effectively with the Federal Court's present excess workload and enable the Court, which includes at present thirty judges and fifteen substitutes, to catch up on its backlog of cases, the Swiss Government decided on 19 October 1983 to put a proposal to Parliament to reinforce the Court for a limited period with fifteen part-time substitute judges.   In view of the measures taken and planned, the Swiss Government considers that it has fulfilled its obligations under Article 53 (art. 53) of the Convention.