FINAL RESOLUTION DH (97) 188

HUMAN RIGHTS

APPLICATION No. 20566/92

W. S. 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 Interim Resolution DH (95) 257, adopted in the case of W. S. against Austria (Application No. 20566/92) in which the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 1, 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 19 April 1996;

Whereas at the 567th meeting of the Ministers’ 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 17 November 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.