Belilos v. Switzerland

10 E.H.R.R. 466, 479-83 (1988)

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Belilos v. Switzerland

European Commission of Human Rights
10 E.H.R.R. 466, 479-83 (1988)

Facts

Mrs. Marlène Belilos (plaintiff) was convicted of participating in an unauthorized demonstration in Switzerland (defendant). After Belilos’s conviction, she filed an application with the European Commission of Human Rights (the commission), claiming that the procedure used by the Swiss government and its courts violated Belilos’s right to a fair trial, which is guaranteed by Article 6(1) of the European Convention on Human Rights (the convention). Switzerland asserted that when it ratified the convention, Switzerland made an interpretive declaration that stated that the guarantee of a right to a fair trial as defined by the convention was intended solely to ensure ultimate control by the judiciary over the acts or decisions of the public authorities relating to such rights or obligations or the determination of such charges. Thus, Switzerland argued that the declaration operated as a reservation of the right to a fair trial as defined by the convention, and the commission must not exercise jurisdiction.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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