INTERIM RESOLUTION DH (97) 593

HUMAN RIGHTS APPLICATION No. 22961/93 ILHAN AGAINST AUSTRIA

(Adopted by the Committee of Ministers on 15 December 1997 at the 610th 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 9 April 1997, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 21 October 1993 by Mr Ismail Ilhan against Austria (Application No. 22961/93);

Whereas on 27 May 1997 the Commission transmitted the said report to the Committee of Ministers and the case has not been referred to the European Court of Human Rights, either by the Commission or by a State entitled to do so under Article 48 of the Convention, within the time-limit of three months from the transmission of the report to the Chairman of the Committee of Ministers; whereas, however within this time-limit, the applicant seized the Court in accordance with Protocol No. 9 but considering that the screening panel of the Court decided on 7 October 1997 that this case would not be considered by the Court, the Committee of Ministers is now called upon to take a decision in accordance with Article 32 of the Convention and with Article 48 of the Convention as amended by Article 5 of Protocol No. 9 for those States having ratified the latter;

Whereas in his application, declared admissible by the Commission on 15 May 1996, the applicant complained of the absence of a fair hearing in certain criminal proceedings, since, being absent from the hearing, he could not be defended by his counsel;

Whereas in its report the Commission expressed, by thirteen votes to three, the opinion that there had been a violation of Article 6, paragraph 1 taken together with Article 6, paragraph 3 (c), of the Convention;

Whereas, at the 610th 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 decision adopted on 15 December 1997, that there had been in this case a violation of Article 6, paragraph 1 taken together with Article 6, paragraph 3 (c), 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 Article 32 of the Convention with a view to adopting the final resolution.