CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 21 mars 1994

.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 case of Hurtado against Switzerland delivered on 28 January 1994 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 October 1990 under Article 25 (art. 25) of the Convention by Mr Antonio Hurtado, a Colombian national, who alleged that he had suffered inhuman and degrading treatment during his arrest by the Vaud cantonal police, and that he had been deprived of an effective remedy;        Recalling that the case was brought before the Court by the Commission on 9 September 1993;        Whereas in its judgment of 28 January 1994 the Court, having taken formal note of a friendly settlement reached by the Government of Switzerland and the applicant and having found that there were no reasons of public policy justifying the continuation of the proceedings, decided unanimously to strike the case out of its list:         Whereas under the above-mentioned friendly settlement it was agreed that:   "1.   The Swiss Confederation agrees to pay to the applicant the sum of 14 000 Swiss francs as a single, ex gratia payment to cover all the claims made, including the costs and expenses incurred by the applicant in Switzerland and Strasbourg as a result of the events which led him to lodge application No. 17549/90 with the European Commission of Human Rights.   2.    This payment shall in no way constitute recognition by the Swiss authorities that there has been a violation of the provisions of the European Convention on Human Rights.   3.    In view of the undertaking referred to under 1., the applicant and the Swiss Government ask the Court to strike the case out of the list in accordance with Rule 49, paragraph 2, of the Rules of Court, as the friendly settlement proposed is such as to provide a solution of the matter.   4.    The applicant states in addition that he considers the case to be settled and undertakes not to bring before the national or international authorities other claims arising out of the events which led to the above-mentioned application being lodged."        Recalling that Rule 49, paragraph 3, of the Court's Rules provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers in order to allow it to supervise, in accordance with Article 54 (art. 54) of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;        Having satisfied itself that on 8 February 1994 the Government of Switzerland has paid the applicant the sum provided for in the friendly settlement,        Declares that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.