Resolution ResDH(2005) 102

concerning the judgment of the European Court of Human Rights of 16 December 2003 (Friendly settlement) in the case of Pokorny against Austria

(Adopted by the Committee of Ministers on 26 October 2005 at the 940th 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 referred to as “the Convention”),

Having regard to the final judgment of the European Court of Human Rights in the Pokorny case delivered on 16 December 2003 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 57080/00) against Austria, lodged with the European Court of Human Rights on 20 March 2000 under Article 34 of the Co n vention by Mr Karl Pokorny, an Austrian national, and that the Court declared admissible the complaint concerning the excessive length of certain criminal proceedings against the applicant ;

Whereas in its judgment of 16 December 2003 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the case out of its list and took note of the parties ' undertaking not to request a re-hearing of the case before the Grand Chamber;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of Austria would pay the applicant the overall sum of 6 800 euros, within three months as from the delivery of the judgment;

Recalling that Rule 43, paragraph 3, of the Rules of the Court (old Rule 44, paragraph 2) provides that the striking-out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;

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

Having satisfied itself that on 12 January 2004, within time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicant the sum provided in the friendly settlement and that no other measure was required in the present case to abide by the Court ' s judgment,

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