CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 10 novembre 1992

.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 Lüdi case delivered on 15 June 1992 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 30 September 1986 under Article 25 (art. 25) of the Convention by Mr Ludwig Lüdi, a Swiss national, who complained of the interception of his telephone conversations combined with his manipulation by an undercover agent and that his right to a fair trial had been infringed and also his right to examine or have examined witnesses against him;        Recalling that the case was brought before the Court by the Commission on 8 March 1991 and by the Government of Switzerland on 25 April 1991;        Whereas in its judgment of 15 June 1992 the Court:   -     dismissed unanimously the government's preliminary      objection that the applicant was not a victim;   -     held unanimously that there had not been a violation      of Article 8 (art. 8);   -     held by eight votes to one that there had been a      violation of paragraph 1 in conjunction with      paragraph 3.d of Article 6 (art. 6-1, art. 6-3-d);   -     held unanimously that the respondent State was to pay      the applicant within three months 15 000 Swiss francs      for costs and expenses;   -     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 15 June 1992, 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 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(92)61        Information provided by the Government of Switzerland            during the examination of the Lüdi case                  by the Committee of Ministers        By letter dated 17 July 1992 the Federal Administration brought the Court's judgment to the attention of the Federal Court, the presidents of cantonal courts and of the heads of cantonal justice departments inviting the latter to examine whether the judgment might entail amending the criminal procedure norms of their cantons.        Furthermore, in a judgment dated 7 August 1992 (ATF 1P 212/1992) the Federal Court recently held, with reference to Article 6 (art. 6) of the Convention and to the Court's judgment in the Lüdi case, that a conviction based on the testimony of an undercover police agent is inadmissible when the accused has not had the possibility in the course of the proceedings to be confronted to that agent and have him heard.   This judgment of the Federal Court confirms that Switzerland has respected its obligations stemming from the Lüdi judgment.        The sum awarded by the Court in respect of costs and expenses was paid on 27 July 1992.