RESOLUTION DH (98) 145

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 1 JULY 1997 IN THE CASE OF OBERSCHLICK GERHARD AGAINST AUSTRIA

(Adopted by the Committee of Ministers on 11 June 1998 at the 633rd meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 54 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the judgment of the European Court of Human Rights in the Oberschlick Gerhard case delivered on 1 July 1997 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 20834/92) against Austria, lodged with the European Commission of Human Rights on 15 September 1992 under Article 25 of the Convention by Mr Gerhard Oberschlick, an Austrian national, and that the Commission declared admissible the complaint concerning the conviction of the applicant for the publication of an article which contained an insulting term towards a politician;

Recalling that the case was brought before the Court by the applicant, under Protocol No. 9, on 18 March 1996;

Whereas in its judgment of 1 July 1997 the Court:

_ held, by seven votes to two, that there had been a breach of Article 10 of the Convention;

- held, unanimously, that the respondent State was to pay to the applicant, within three months, 23,394.80 Austrian schillings in respect of pecuniary damage and 150,000 schillings for costs and expenses and that simple interest at an annual rate of 4% should be payable from the expiry of the above-mentioned three months until settlement

- _ dismissed, unanimously, the remainder of the claim for just satisfaction; Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 of the Convention;

- Having invited the Government of the respondent State to inform it of the measures which had been taken in consequence of the judgment of 1 July 1997, having regard to Austria's obligation under Article 53 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 gave the Committee information about the measures taken preventing new violations of the same kind as that found in the present judgment; this information appears in the appendix to this resolution;

- Having satisfied itself that on 28 July 1997, within the time-limit set, the Government of the respondent State paid the applicant the sums provided for in the judgment of 1 July 1997,

- Declares, after having taken note of the information supplied by the Government of Austria, that it has exercised its functions under Article 54 of the Convention in this case.

Appendix to Resolution DH (98)145

Information provided by the Government of Austria

during the examination of the Oberschlick Gerhard case

by the Committee of Ministers

The Government of Austria informed the Committee of Ministers that the Austrian Supreme Court's decision of 11 November 1997 set aside the judgments of the Vienna Regional Criminal Court of 23 May 1991 and of the Vienna Court of Appeal of 25 March 1992. The case has been referred to the Vienna Regional Criminal Court for reopening of the proceedings.

Furthermore, the judgment of the European Court of Human Rights has been published in the Newsletter of the Österreichisches Institut für Menschenrechte 1997/5 and in the Österreichische Juristen-Zeitung (52.Jg, H 24, 1997).

The Government of Austria is of the opinion that the measures adopted will prevent new violations similar to the one found in this case and that therefore, it has complied with its obligations under Article 53 of the Convention.