INTERIM resolution DH (99) 27

HUMAN RIGHTS

APPLICATION No. 24375/94

CIFTCI AGAINST AUSTRIA

(Adopted by the Committee of Ministers on 18 January 1999 at the 654th 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 the report drawn up on 15 April 1998 by the European Commission of Human Rights in accordance with FArticle 31 of the Convention relating to the applic a tion lodged on 25 April 1994 by a Turkish national, Mr Bekir Ciftci, against Austria;

Whereas on 20 May 1998 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 Convention;

Whereas in his application, declared admissible by the Commission on 7 April 1997, the applicant complained of his sentencing to a residence prohibition notwithstanding the fact that he arrived in Austria at the age of seven, in 1972, that he lived with his parents until 1984, and that he married i n 1990 an Austrian citizen with whom he has three children who have Austrian citizenship;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 8 of the Convention;

Whereas at the 654th meeting of the Ministers' Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 18 January 1999, that there had been in this case a violation of Article 8 of the Convention,

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

Decides to pursue the examination of the present case, in accordance with Art i cle 32 of the Co n vention with a view to adopting the final resolution.