Final resolution DH (2000) 31

HUMAN RIGHTS

APPLICATION No. 19125/91

BECHTER 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 Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolution DH (97) 355, adopted on 11 July 1997 in the case of Bechter against Austria, in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 1, of the Convention on account of the impossibility for the applicant to know, and consequently to comment on, the observations of the Senior Public Prosecutor at an appeal procedure, and decided to make public the report of the European Commission of Human Rights;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 20 July 1998;

Whereas at the 688th meeting of the Ministers’ Deputies, the Committee of Ministers, agre e ing with the Commission’s proposals, held by a decision adopted on 3 December 1999, in  accordance with Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay the applicant as just satisfaction, within three months, 30 000 Austrian schillings in respect of costs and expenses, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;

Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decisions of 11 July 1997 and 3 December 1999, having regard to Austria’s obligation under Article 32, paragraph 4, of the Convention to abide by them;

Whereas during the examination of the case by the Committee of Ministers, the Government of the respondent State recalled that measures had already been taken to avoid new violations of the same kind as that found in this case, notably through the entry into force on 1 March 1997 of Act No. 762 of 30 December 1996, which modified Article 35, paragraph 2, of the Code of Criminal Procedure, which was at the origin of the violation found, (see Resolution DH (97) 500 in the case of Bulut against Austria) and indicated that the Commission’s report as well as the Committee of Ministers’ decisions had been sent out to the authorities directly concerned;

Whereas the Committee of Ministers satisfied itself that on 23 December 1999, within the time-limit set, the Government of the respondent State had paid the applicant the total sum of 30 000 Austrian schillings as just satisfaction,

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