Final resolution DH (99) 1

HUMAN RIGHTS

APPLICATION No. 19740/92

Basta 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 Interim Resolution DH (97) 518, adopted on 29 October 1997 in the case of Basta, against Austria, in which the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 1, of the Convention and 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 5 February 1998;

Whereas at the 626th meeting of the Ministers’ Deputies, the Committee of Ministers, agre e ing with the Commission's proposals, held by a decision adopted on 22 April 1998, 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, 108 000 Austrian schillings in respect of non-pecuniary damage and 9 000 Austrian schillings in respect of costs and expenses, namely a total sum of 117 000 Austrian schillings, 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 29 October 1997 and 22 April 1998, 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 accordingly gave the Committee information about the measures taken in consequence of the Committee's decisions; this information a p pears in the appendix to this resol u tion;

Considering that there is not indication, in the circumstances of the present case, that the procedure mentioned by the Austrian Government according to which the sums awarded to the applicant as just satisfaction had been set off against debts owed by him to the State, constitutes an interference with any of the applicant's rights under the Convention;

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.

Appendix to Final Resolution DH (99) 1

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

The report of the European Commission on Human Rights as well as the Committee of Ministers' decisions adopted in this case have been transmitted to the authorities directly concerned in order to point out their obligations under the Convention.

Regarding the sum of 117 000 Austrian schillings awarded as just satisfaction (108 000 Austrian schillings for non-pecuniary damage and 9 000 Austrian schillings for costs and expenses), the Vienna Finanzprokuratur notified the applicant, on 28 May 1998, that it had set off this sum against the State's identical claim for reimbursement of costs and expenses in accordance with a judgment of the Labour and Social Court of Vienna of 16 September 1993. The Government considers that in the circumstance of the case there is no link between these costs and the delay in the proceedings.