Final Resolution ResDH(2001)2 Human Rights Application No. 24375/94 Ciftci against Austria

(Adopted by the Committee of Ministers on 26 February 2001 at the 741 st meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolution DH (99) 27, adopted on 18 January 1999 in the case of Ciftci against Austria, in which the Committee of Ministers made public the report of the European Commission of Human Rights, and concluded that there had been a violation of Article 8 of the Convention in that the applicant had been sentenced to a prohibition of residence in Austria, following a conviction for drugs offences, despite the fact that , inter alia, he had been living in Austria since the age of seven years and that he was married to an Austrian citizen with whom he had had three children, all of them having Austrian citizenship;

Whereas, subsequently to the adoption of the decision on the violation, the Committee of Ministers was informed that on 25 August 1999, a friendly settlement in respect of just satisfaction had been reached between the Government of the respondent State and the applicant, under the terms of which the Austrian Government undertook to pay the applicant the sum of 100 000 Austrian schillings;

Whereas the Committee of Ministers has satisfied itself that the Government of the respondent State has paid the applicant the sum agreed upon;

Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decision of 18 January 1999, having regard to Austria's obligation under former Article 32, paragraph 4, of the Convention to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the Government of the respondent State accordingly gave the Committee information about the measures taken to put an end to the violation found and those adopted in order to avoid new violations (this information appears in the appendix to this resolution),

Declares, after having taken note of the measures taken by the Government of Austria, that it has exercised its functions under former Article 32 of the Convention in this case.

Appendix to Final Resolution ResDH(2001)2

Information provided by the Government of Austria during the examination of the Ciftci case by the Committee of Ministers

In order to prevent the repetition of the violation found in the present case, copies of the Commission's report have been sent by the Federal Chancellery to the authorities concerned so that, when they have to apply the Aliens Police Act 1997, they will take into account the requirements of Article 8, as elucidated by the present case.

The Federal Chancellery also transmitted the Commission's report to the Administrative Court (Verwaltungsgerichtshof) and is of the opinion that, given the direct effect given to the Convention and the case-law of the Court in domestic law, the Administrative Court if seized of similar cases to the Ciftci case, would take into account the criterion of the applicants'family life in conformity with the case-law of the Strasbourg organs.

As regards the individual situation of the applicant, the Austrian Government specified that Mr. Ciftci's residence prohibition was lifted as from 5 March 1998, and that the applicant now lives legally in Austria.

In the light of these measures, the Austrian Government is of the opinion that it has fulfilled its obligations under former Article 32 of the Convention.