U.B. v. SWITZERLAND
Rubrum
THIRD SECTION
DECISION
Application no. 17715/20
U.B.
against Switzerland
(see appended table)
The European Court of Human Rights (Third Section), sitting on 19 May 2022 as a Committee composed of:
Darian Pavli, President,
Andreas Zünd,
Mikhail Lobov, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 9 April 2020,
Having regard to the decision to grant the applicant anonymity, in accordance with Rule 47 § 4 of the Rules of the Court,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr S. Bernard, a lawyer practising in Zürich.
The applicant’s complaint under Article 5 § 1 of the Convention concerning his detention for reasons of public safety (Sicherheitshaft) from 18 January 2018 until 27 March 2020 (799 days), ordered on the basis of provisions from the Code of Criminal Procedure governing pre-trial detention, applied by analogy, pending court rulings on requests for an extension of the institutional therapeutic measure (stationäre therapeutische Massnahme) imposed on him several years earlier and for his internment (Verwahrung), was communicated to the Swiss Government (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against Switzerland in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the case.
Considerations
THE LAW
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the application.
In view of the above, it is appropriate to strike the case out of the list.
Order
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 9 June 2022.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
Application raising a complaint under Article 5 § 1 of the Convention
(detention for reasons of public safety without specific legislative basis)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
(in euros)[1]
Amount awarded for costs and expenses
(in euros)[2]
17715/20
09/04/2020
U.B.
1949
Bernard Stephan
Zürich
18/01/2022
24/01/2022
30,000
3,500
[1] Plus any tax that may be chargeable to the applicant.
[2] Plus any tax that may be chargeable to the applicant.