On 2 September, the Committee of Ministers ended its supervision of the execution of the European Court of Human Rights’ judgment in I.S. v. Switzerland. The case concerned the applicant’s detention on security grounds following his acquittal at first instance in 2015. The Court found a violation of the applicant’s right to liberty and security under Article 5 § 1 of the European Convention on Human Rights.
To implement the Court’s judgment, Switzerland amended Article 231 § 2 of the Code of Criminal Procedure now providing for substitute measures to secure the presence of an acquitted person during appeal proceedings.
Even before the legislative amendment entered into force, the Federal Supreme Court had aligned its case-law with the Court’s judgment. It held that continued detention following an acquittal at first instance was incompatible with Article 5 of the Convention and remitted the case for consideration of substitute measures.
