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Weber v. Switzerland

Instans: Menneskerettighedsdomstolen

 

Offentliggjort 08/28/2009, senest redigeret 08/30/2009

 

Resumé:

...CHAPPELL v. THE UNITED KINGDOM JUDGMENT COURT (CHAMBER) CASE OF WEBER v. SWITZERLAND (Application no. 11034/84) JUDGMENT STRASBOURG 22 May 1990 WEBER v. SWITZERLAND JUDGMENT WEBER v. SWITZERLAND JUDGMENT In the Weber case Note by the Registrar:

The case is numbered 10/1989/170/226. ...(art. 25) by a national of that State, Mr Franz Weber, on 15 May 1984.

The Commission’s request referred to Articles ...FACTS I. THE CIRCUMSTANCES OF THE CASE 7. Mr Franz Weber, a Swiss journalist, lives at Clarens, in the Canton of ...column of the newspaper L’Est vaudois under the headline "Franz Weber is fooling you". The letter contained the following passages: "Like ...is getting really sick of it and I think Franz Weber would do better to go and knock down the factory ...our expense - in case you didn’t know. If Mr Weber had the courage to show us his tax returns, you ...a nervous breakdown he had suffered at the time. Mr Weber refused all conciliation. In order to establish the truth of his allegations, R.M. then requested Mr Weber to produce a number of documents relating to his and ...ordered disclosure of the Helvetia Nostra association’s and the Franz Weber Foundation’s articles and their accounts for the previous two financial ...as the applicant had not complied.

In May 1981 Mr Weber forwarded Helvetia Nostra’s accounts in a sealed envelope but not ...Canton of Vaud refused to take any action, whereupon Mr Weber challenged the Cantonal Court en bloc. 12. R.M. was charged ...a challenge and a complaint against the investigating judge. Mr Weber had already divulged the first three items of information at ...In a letter of 10 March 1982 he ordered Mr Weber to provide information within ten days about what exactly he ...based his decision on the following grounds: "II.

1. Mr Weber relied on Article 6 (art. 6) of the European Convention ...is not a question of a ‘criminal charge’. ... Mr Weber also submitted that he did not disclose any confidential matters ...the press conference of 11 May 1981 and as Mr Weber did not have any occasion to avail himself of his ...Act). In the instant case it is plain that Mr Weber acted deliberately.

3. By disclosing that he had challenged the investigating judge, Mr Weber revealed that there was an investigation, but it may be ...decided to take no action on the complaint.

5. Mr Weber himself admits that the breach of the confidentiality of the ...Division against the orders for the sequestration of the Franz Weber Foundation’s and the Helvetia Nostra association’s accounts, as he in ...Court 17. On 15 October 1982 an appeal that Mr Weber brought against this decision was unanimously dismissed by the Criminal ...law.

C. The proceedings in the Federal Court 18. Mr Weber lodged a public-law appeal with the Federal Court. He relied ...1984 the people of the Canton of Vaud rejected the Weber initiative by a clear majority.

B. The Swiss Criminal Code ...exercise an administrative jurisdiction’." PROCEEDINGS BEFORE THE COMMISSION 25. Mr Weber applied to the Commission on 15 May 1984 (application no. ...serves only as a starting-point. The legal basis of Mr Weber’s conviction was provided by Article 185 of the Vaud Code ...(see paragraph 23 above) would in any case prevent Mr Weber from relying on non-compliance with the principle that proceedings before ...§§ 71-72).

Furthermore, the Government did not claim that Mr Weber had waived his right to hearings; and the case did ...been used for any other purpose in this instance. Mr Weber, on the other hand, submitted that the cantonal judicial authorities’ ...The Commission considered that the interference complained of by Mr Weber was not "necessary in a democratic society". In its view, Mr Weber had a "legitimate interest in expressing his views on judicial ...condemned the defendant’s "partisan" exploitation of it. They criticised Mr Weber for having attempted to bring the discussion out into the ...his press conference in Lausanne on 2 March 1982 Mr Weber essentially repeated what he had said on 11 May 1981. ...As to the submission that the impugned statements by Mr Weber on 2 March 1982 could be interpreted as an attempt ...that in being convicted and sentenced to a fine Mr Weber was subjected to an interference with the exercise of his ...costs and expenses. 54. In respect of non-pecuniary damage Mr Weber sought compensation in the amount of 5,000 Swiss francs.

The ...Bindschedler-Robert; (b) concurring opinion of Mr De Meyer. R.R. M.-A.E. WEBER v. SWITZERLAND JUDGMENT DISSENTING OPINION OF JUDGE BINDSCHEDLER-ROBERT WEBER v. SWITZERLAND JUDGMENT DISSENTING OPINION OF JUDGE BINDSCHEDLER-ROBERT DISSENTING OPINION ...colleagues, that there had been a breach of that provision. WEBER v. SWITZERLAND JUDGMENT CONCURRING OPINION OF JUDGE DE MEYER WEBER v. SWITZERLAND JUDGMENT DISSENTING OPINION OF JUDGE BINDSCHEDLER-ROBERT CONCURRING OPINION ...

 

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