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M. S. AGAINST AUSTRIA

Doc ref: 22048/93 • ECHR ID: 001-51384

Document date: June 25, 1996

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Cited paragraphs: 0
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M. S. AGAINST AUSTRIA

Doc ref: 22048/93 • ECHR ID: 001-51384

Document date: June 25, 1996

Cited paragraphs only

The Committee of Ministers, under the terms of Article 32 (art. 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 18 October 1995, by the European

Commission of Human Rights in accordance with

Article 31 (art. 31) of the Convention relating to the application lodged on 31

January 1993 by Mr M. S. against Austria

(Application No. 22048/93);

Whereas on 24 November 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

(art. 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 (P9) but that the screening panel of the

Court decided on 23 April 1996 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

(art. 32) of the Convention and with Article 48 (art. 48) of the Convention as

amended by Article 5 of Protocol No. 9 (P9-5) for those states having ratified

the latter;

Whereas in his application, as declared admissible by the Commission on 11

January 1995, the applicant, a prisoner, complained that the refusal of

permission to correspond with a former prisoner was not justified;

Whereas in its report the Commission expressed, by thirteen votes to one,

the opinion that there had been a violation of Article 8 (art. 8), of the

Convention and, unanimously, that no separate issue arose under Article 10 (art.

10), of the Convention;

Whereas, at the 567th meeting of the Ministers' Deputies held on 14 June

1996, 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

(art. 32-1), of the Convention, that there had been in this case a violation of

Article 8 (art. 8), of the Convention and that no separate issue arose under

Article 10 (art. 10), 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 (art. 32) of the Convention with a view to adopting the final

resolution.

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