CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 24 mars 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 applications lodged by Mr Santschi and others against Switzerland (Applications Nos. 7468/76, 7938/77, 8018/77, 8106/77, 8325/78 and 8778/79);   Whereas on 13 January 1982 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 applications introduced between 21 April 1976 and 9 October 1979, the applicants complained principally of having been detained pursuant to the disciplinary sanctions of light or strict arrest ordered during a period of service by their official superiors or outside periods of service by the competent military authorities, without any court decisions, thus alleging that their deprivation of liberty was incompatible with Article 5 (art. 5) of the Convention;   Whereas the Commission, after having declared the applications admissible and having decided to join them on 8 July 1980, in its report adopted on 13 October 1981 took it as established that the arrests to which the applicants were submitted, if only in the way in which they were enforced, were in the nature of a deprivation of liberty, and considered that, because of the duties he performed, the Chief Military Prosecutor could not be likened to a "competent court";   Whereas in its report the Commission expressed the opinion by twelve votes to one that in the case under consideration there had been a violation of Article 5, paragraph 1 (art. 5-1), of the Convention;   Agreeing with the opinion expressed by the Commission in accordance with Article 31, paragraph 1 (art. 31-1), of the Convention;   Whereas the Committee was informed by the Government of Switzerland that the military penal code and the law on military penal procedure, as they were in force in Switzerland since 1 January 1980, had substituted for the Chief Military Prosecutor, as the ultimate appeal authority, a court having full power to reverse decisions by the military commanders and that, furthermore, complaints and appeals in disciplinary cases always had a suspensive effect;   Voting in accordance with the provisions of Article 32, paragraph 1 (art. 32-1), of the Convention,   a.       Decides that in this case there has been a violation of Article 5, paragraph 1 (art. 5-1), of the Convention;   b.       Takes note of the adoption by the Swiss Federal Assembly, on 23 March 1979, of the modification to the military penal code and of a new law of military penal procedure, both of which came into force on 1 January 1980;   c.       Takes note of the fact that the Government of Switzerland does not object to the publication of the report of the Commission;   d.       Decides, in the light of the foregoing, that no further action is called for in this case.