Resolution DH (2000) 34

Human Rights

Application No. 26999/95

R.W.-L. against Austria

(Adopted by the Committee of Ministers

on 10 April 2000 at the 704th meeting of the Ministers’ Deputies)

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

Having regard to the report drawn up on 3 March 1999 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 22 March 1995 by an Austrian national, Mr R.W.-L., against Austria;

Whereas on 30 April 1999 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Art i cle 48 of the Co n vention;

Whereas in his application, as declared admissible by the Commission on 14 January 1998, the applicant complained that, in certain criminal proceedings brought against him, the presiding judge made statements which the applicant considered to cast doubt on the judge’s impartiality and violated the presumption of innocence;

Whereas in its report the Commission expressed, by twenty-five votes to two, the opinion that there had been a violation of Article 6, paragraph 1, of the Co n vention and, unanimously, that it was not necessary to examine the applicant's complaint under Article 6, paragraph 2, of the Convention;

Whereas during the examination of the case, the Committee of Ministers was informed that, through an exchange of letters of 5 and 25 June 1999, a friendly settlement had been reached between the Government of the respondent State and the applicant under the terms of which:

“1. The Austrian Government undertakes to pay the applicant the total sum of 70 000 Austrian schillings in respect of any claim submitted in relation to the present case. This sum includes 40 000 Austrian schillings for costs incurred before the Commission.

2. This amount will be paid to the applicant in Vienna.

3. The applicant considers that this application is settled.

4. The applicant waives his right to any further claim against Austria in relation to the merits of the case.”

Having invited the Government of the respondent Government to inform the Committee of Ministers of the measures taken for the execution of the undertakings attached to the solution of the case;

Having satisfied itself that on 9 November 1999 the Gover n ment of the respondent State paid the applicant the sum agreed upon;

Considering that during the examination of the case by the Committee of Ministers, the Government of the respondent State drew the Committee’s attention to the fact that, on account of the specific circumstances of the case, situations similar to that at issue could be avoided for the future by informing the judicial authorities of the requirements of the Convention: copies of the Commission’s report have accordingly been disseminated to the Austrian Supreme Court, as well as to the court directly concerned, the Vienna Regional Court,

Finds that the solution reached is based on respect for human rights as defined in the Convention,

Decides therefore, under Rule 6 bis of the Rules adopted by the Committee of Ministers for the application of Article 32 of the Convention, to discontinue its examination of the present case,

Authorises the publication of the report adopted by the Commission in this case.