CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 13 décembre 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 Huber case delivered on 23 October 1990 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 27 February 1987 under Article 25 (art. 25) of the Convention by Mrs Jutta Huber, a Swiss national, who complained that the District Attorney who successively exercised the functions of investigation and prosecution in a criminal case against her was not impartial;        Recalling that the case was brought before the Court by the Commission on 13 July 1989 and by the Government of Switzerland on 28 July 1989;        Whereas in its judgment of 23 October 1990 the Court:   -     held by twenty-one votes to one that there had been a violation of Article 5, paragraph 3 (art. 5-3), of the Convention;   -     held unanimously that Switzerland was to pay to the applicant, in respect of costs and expenses, the sum of 4 492 Swiss francs;   -     dismissed unanimously 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 23 October 1990, 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 to the applicant the sum 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)40        Information provided by the Government of Switzerland            during the examination of the Huber case                  by the Committee of Ministers        The Zurich Code of Criminal Procedure was partly amended on 1 September 1991.   This amendment will come into force on 1 July 1992.        According to Section 61 of the amended Code of Criminal Procedure the official in charge of the investigation requests as soon as possible, but at the latest within twenty-four hours after the suspect's interrogation or appearance, a detention-on- remand order, unless he decides on the person's release.   The official in charge of the investigation submits his request for a detention-on-remand order to the penal judge (Haftrichter), stating the grounds and appending the documents necessary for taking a decision.        As shown by the wording of Section 61 of the amended Code of Criminal Procedure, henceforth the District Attorney will no longer be competent to take a decision as to the detention-on- remand of the person charged.        The sum awarded by the Court was paid on 14 March 1991.