SCHERER v. SWITZERLAND - 17116/90 - Chamber Judgment [1994] ECHR 13 (25 March 1994)

SCHERER v. SWITZERLAND - 17116/90 - Chamber Judgment [1994] ECHR 13 (25 March 1994)

The Court held that, following the applicant's death and in the absence of close relatives seeking to continue the case or any overriding public interest, the case should be struck out of the list without a judgment on the merits.

Citation
[1994] ECHR 13
Parties
Applicant: Bruno Scherer (deceased, represented by executor); Respondent: Swiss Confederation
Jurisdiction
European Union
Judgment Date
25 March 1994
Procedural Posture
Application to European Court of Human Rights / Struck Out at Chamber Judgment After Applicant's Death
Outcome
Struck out of the list
Legal Topics
Freedom of Expression, Obscenity, Right to Fair Trial, Right to Respect for Private Life
Human Rights Law Criminal Law Freedom of Expression Obscenity Right to Fair Trial Right to Respect for Private Life

Case Brief

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Parties

Bruno Scherer (deceased, represented by executor)

Applicant

Swiss Confederation

Respondent

Procedural Posture

Application to European Court of Human Rights / Struck Out at Chamber Judgment After Applicant's Death

Legal Issues

  1. 1 Whether the conviction for publishing obscene items violated Article 10 (freedom of expression) of the Convention
  2. 2 Whether the length and fairness of the criminal proceedings violated Article 6 (right to a fair trial)
  3. 3 Whether the conviction and ban on showing the film violated Article 8 (right to respect for private life)

Ratio Decidendi

The Court held that, following the applicant's death and in the absence of close relatives seeking to continue the case or any overriding public interest, the case should be struck out of the list without a judgment on the merits.

Court Disposition

Struck out of the list

Orders

  • Case struck out of the list by six votes to three.