CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 18 novembre 1991

.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 Quaranta case delivered on 24 May 1991 and transmitted the same day to the Committee of Ministers;        Recalling that the case originated in an application against Switzerland lodged with the European Commission of Human Rights on 18 December 1986 under Article 25 (art. 25) of the Convention by Mr Claudio Quaranta, an Italian national, who complained that the president of a criminal court of the Vaud canton refused to grant him free legal assistance during the investigation and at his trial;        Recalling that the case was brought before the Court by the Commission on 6 April 1990 and by the Government of Switzerland on 27 June 1990;        Whereas in its judgment of 24 May 1991 the Court unanimously:   -     held that there had been a violation of Article 6, paragraph 3.c (art. 6-3-c) of the Convention;   -     held that Switzerland was to pay to the applicant, for non- pecuniary damage, 3 000 Swiss francs and for costs and expenses, 7 000 Swiss francs less 10 441 French francs, to be converted into Swiss francs at the exchange rate applicable on the day of delivery of the judgment;   -     rejected the remainder of the claim for just satisfaction;        Having regard to the Rules adopted by the Committee of Ministers 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 of 24 May 1991, having regard to its obligation under Article 53 (art. 53) of the Convention to abide by it;        Whereas, during the examination of the case by the Committee of Ministers, the Government of Switzerland gave the Committee information about the measures taken in consequence of the judgment, which information appears in the appendix to this resolution;        Having satisfied itself that the Government of Switzerland has paid the applicant the sums provided for in the judgment,        Declares, after having taken note of the information supplied by the Government of Switzerland, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.                  Appendix to Resolution DH (91) 32        Information provided by the Government of Switzerland           during the examination of the Quaranta case                  by the Committee of Ministers        Following the Court's judgment of 24 May 1991, the Swiss Government paid on 6 June 1991 the sum of 7 301 Swiss francs, awarded by the Court as just satisfaction for non-pecuniary damage and for costs and expenses.        In order to determine whether the "interests of justice" required free legal assistance, the Court pointed out that it was having regard to various criteria which correspond to a large extent to those put forward by the Swiss Government.   However, in the present case, it is the way in which the Swiss judicial authorities applied them that differed from the Court's approach (paragraph 32 of the judgment).   Therefore, it is the Swiss Government's view that this judgment does not require any measure of execution other than payment of the sums provided for in the judgment.        In the light of the foregoing, the Government of Switzerland considers that it has fulfilled the obligations imposed on it under Article 53 (art. 53) of the European Convention of Human Rights.