FINAL RESOLUTION DH (97) 337

HUMAN RIGHTS

APPLICATION No. 22048/93

M. S. 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 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 (96) 369, adopted in the case of M. S. against Austria (Application No. 22048/93) in which the Committee of Ministers decided that there had been in this case a violation of Article 8 of the Convention and that no separate question arose under Article 10 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 13 November 1996;

Whereas, at the 582nd meeting of the Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held, by a decision adopted on 28 January 1997, in accordance with Article 32, paragraph 2, of the Convention, that the Government of Austria was to pay the applicant as just satisfaction, within three months, 9 000 Austrian shillings in respect of non-pecuniary damage and 15 000 Austrian shillings in respect of costs and expenses, namely a total sum of 24 000 Austrian shillings and that interest should be payable on any unpaid sum 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 Austria to inform it of the measures taken following its decisions of 25 June 1996 and 28 January 1997, 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 Austria accordingly gave the Committee information about the measures taken in consequence of the Committee's decisions, which information appears in the appendix to this resolution;

Whereas the Committee of Ministers satisfied itself that on 25 February 1997, within the time ‑ limit set, the Government of Austria paid the applicant the total sum of 24 000 Austrian shillings as just satisfaction,

Declares, having taken note of the measures taken by the Government of Austria, that it has exercised its functions under Article 32 of the Convention in this case.

Appendix to Final Resolution DH (97) 337

Information provided by the Government of Austria

during the examination of the case of M. S.

by the Committee of Ministers

When the case was pending before the Commission, on 1 January 1994 the domestic rules on prisoner's correspondence had already been amended so as to provide for a right to correspond unless there are specified reasons to the contrary (see, inter alia , the report of the Commission, paragraph 35).

Section 86 of the “Execution of Sentences Act” now provides:

“(1) Subject to the provisions of this Act, prisoners are allowed to be visited by and have written correspondence with and telephone calls from other persons and agencies... (2) However, written correspondence, telephone calls and visits shall be denied if there is reason to fear that the security and order of the institution will be endangered or that they will have a negative influence on the prisoner...”.

In addition, the Government of Austria ensured the dissemination of the Commission's report to the authorities concerned in order to prevent the repetition of the violation found in the present case.

The sum of 24 000 Austrian shillings was paid to the applicant on 25 February 1997.

Accordingly, the Government of Austria considers that it has fulfilled its obligations under Article 32 of the Convention.