RESOLUTION DH (97) 186

HUMAN RIGHTS

APPLICATION No. 20603/92

F. G. II AGAINST AUSTRIA

(Adopted by the Committee of Ministers on 15 May 1997

at the 590th 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 11 January 1995 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 13 July 1992 by Mr F. G. against Austria (Application No. 20603/92);

Whereas on 1 March 1995 the Commission transmitted the said report to the Committee of Ministers and whereas 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; considering however, that within this time-limit, the applicant seized the Court in accordance with Protocol No. 9 but that the screening panel of the Court decided on 13 September 1995 that this case would not be considered by the Court; whereas the Committee of Ministers is therefore 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 8 March 1994, the applicant complained of the excessive length of certain criminal proceedings;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention;

Whereas, at the 546th meeting of the Ministers' Deputies held on 13 October 1995, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, that there had been in this case a violation of Article 6, paragraph 1, of the Convention;

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 19 April 1996;

Whereas at the 567th meeting of the Deputies, the Committee of Ministers held, by a decision adopted on 25 June 1996, 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, 25 000 Austrian schillings in respect of non-pecuniary damage and 15 000 Austrian schillings in respect of costs and expenses, namely a total sum of 40 000 Austrian schillings, 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 13 October 1995 and 25 June 1996, 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 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 23 July 1996, within the time-limit set, the Government of Austria paid the applicant the total sum of 40 000 Austrian schillings 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;

Authorises the publication of the report adopted by the Commission in this case.