RESOLUTION DH (9 7) 351

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS

OF 4 DECEMBER 1995

IN THE CASE OF RIBITSCH AGAINST AUSTRIA

(Adopted by the Committee of Ministers on 11 July 1997

at the 597th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 54 of the Conven ­ tion 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 Ribitsch case delivered on 4 December 1995 and transmitted the same day to the Committee of Ministers ;

Recalling that the case originated in an application (No. 18896/91) against Austria, lodged with the European Commission of Human Rights on 5 August 1991 under Article 25 of the Convention by Mr Ronald Ribitsch, an Austrian national, and that the Commission declared admissible the complaint that, during his police custody, he was subjected to inhuman and degrading treatment ;

Recalling that the case was brought before the Court by the Commission on 9 September 1994 ;

Whereas in its judgment of 4 December 1995 the Court unanimously :

– held, by six votes to three that there had been a breach of Article 3 of the Convention ;

– held, by six votes to three that the respondent state was to pay the applicant, within three months, 100 000 Austrian schillings for non-pecuniary damage ;

– held, unanimously, that the respondent state was to pay the applicant, within three months, 200 000 Austrian schillings in respect of costs and expenses, less 18 576 French francs to be converted into Austrian schillings at the rate of exchange applicable on the date of delivery of the present judgment ;

– rejected unanimously the remainder of the applicant’s 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 Austria to inform it of the measures which had been taken in consequence of the judgment of Ribitsch, 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 Austria gave the Committee information about the measures taken in consequence of the judgment, which information appears in the appendix to this resolution ;

Having satisfied itself that, within the time-limit set, the Government of Austria paid the applicant the sum provided for in the judgment of Ribitsch of 4 December 1995,

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 (97) 351

Information provided by the Government of Austria

during the examination of the case of Ribitsch

by the Committee of Ministers

The Federal Ministry of the Interior has published the judgment of the European Court of Human Rights in the Ribitsch case in circular 63.220/108-11/20/96 of 21 May 1996. The police authorities have in their turn informed the relevant subsidiary organs accordingly. At the same time, the Ribitsch case is being used in the training of members of the Federal and Country Police in order to create the necessary awareness of Human Rights issues.

The sums awarded by the Court to the applicant were paid on 1 April 1997.

Accordingly, the Government of Austria considers that it has fulfilled its obligations under Article 53 of the Convention.