Resolution CM/ResDH(2007) 76

concerning the judgment of the European Court of Human Rights

in a case relating to lack of a hearing in compensation proceedings under the Austrian Media Act (A.T. against Austria , judgment of 21 March 2002, final on 21 June 2002))

(Adopted by the Committee of Ministers on 20 June 2007, at the 997th meeting of the Ministers ' Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the A.T. case delivered on 21 March 2002 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the case originated in an application (No. 32636/96) against Austria, lodged with the European Commission of Human Rights on 28 May 1996 under former Article 25 of the Convention by Mr A.T. , an Austrian national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the applicant ' s complaint that in compensation proceedings initiated by him in 1995 and 1996 for defamation under the Media Act, he had not had a public oral hearing before the competent courts;

Whereas in its judgment of 21 March 2002 the Court unanimously:

- held that there had been a violation of Article 6, paragraph 1, of the Convention;

- held that the respondent state was to pay the applicant, within three months from the date at which the judgment became final, EUR 1,500 in respect of non-pecuniary damage; EUR 4,600 in respect of costs and expenses and that simple interest at an annual rate of 4% would be payable on those sums from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicant ' s claim for just satisfaction;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgment of 21 March 2002, having regard to Austria ' s obligation under Article 46, paragraph 1, of the Convention to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of Austria gave the Committee information about the measures taken or available to grant the applicant full redress for the violation found ( restitutio in integrum ) and to prevent new violations of the same kind as that found in the present judgment; this information appears in the appendix to this resolution;

Having satisfied itself that on 29 August 2002, within the time-limit set, the government of the respondent state had paid the applicant the sums provided for in the judgment of 21 March 2002,

Declares, after having examined the information supplied by the Government of Austria, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.

Appendix to Resolution CM/ResDH(2007)76

Information provided by the Government of Austria during the examination of the A.T. case

by the Committee of Ministers

I. Individual measures to achieve restitutio in integrum

No request by the applicant for individual measures has been made known to the government. The possibility of reopening criminal cases following a judgment of the European Court in accordance with Committee of Ministers ' Recommendation Rec(2000)2, is provided for by section 363a of the Austrian Code of Criminal P rocedure.

II. General measures

II.1 Interim measures adopted by Austria

The European Court ' s judgment was promptly sent out by the Ministry of Justice to all competent judicial authorities and published in the Newsletter of the Österreichisches Institut für Menschenrechte, 2002/No.2, 57-60 ( www.menschenrechte.ac.at ), as well as in the Österreichische Juristenzeitung, 2002, 469-470. In this context it is to be stressed that the Convention and the Court ' s case-law enjoy direct effect in Austrian law.

It is also to be noted that all judgments of the European Court relating to criminal proceedings are sent by the Ministry of Justice to the President of the Higher Regional Court in the region where the violation occurred, with a request to inform all competent judicial authorities as appropriate. Austrian courts are also systematically informed about summaries in German of all significant judgments of the European Court regarding Austria , which are available in the database of the Ministry of Justice. This database, internally accessible to all judges and public prosecutors, also provides a link to the HUDOC system of the European Court .

II.2 Adoption of new legislation

The Austrian authorities began work on amending the Media Act of 1981, applied in this case, following the judgment of the European Court . Following extensive consultations with all competent authorities and interested sections of Austrian society, a n amendment to the Media Act was adopted by the Parliament on 12 May 2005 and entered into force on 1 July 2005. It is available on the internet at www.ris.bka.gv.at .

According to new Article 1 §41(5), in criminal proceedings initiated under this Act by a natural or legal person other than the state, the court may choose not to hold an oral, public hearing only if these persons have explicitly waived their right thereto. In this context, it is noted that the explanatory note to the relevant Bill on this new provision makes an express reference to the present judgment of the European Court .

III. Conclusion of the respondent state

The government considers, in view of all individual and general measures adopted, that Austria has satisfied its obligation under Article 46, paragraph 1, of the Convention to abide by the European Courts ' judgment in this case.