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 28 June 1995 by the European

Commission of Human Rights in accordance with Article 31 (art. 31) of the

Convention relating to the application lodged on 15 July 1992 by Mr Ismail Alkin

against Austria

(Application No. 20365/92);

Whereas on 10 August 1995 the Commission transmitted the said report to

the Committee of Ministers and 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;

however, whereas within this time-limit, the applicant seized the Court in

accordance with Protocol No. 9 (P9) but considering that the screening panel of

the Court decided on 14 March 1996 that this case would not be considered by the

Court, the Committee of Ministers is 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 30

November 1994, the applicant complained that he did not have a fair hearing

relating to his compensation claim for detention on remand, as he did not

obtain, and had no possibility to comment upon, the submissions filed by the

Senior Public Prosecutor's Office with the Innsbruck Court of Appeal;

Whereas in its report the Commission expressed, unanimously, the opinion

that there had been a violation of Article 6, paragraph 1 (art. 6-1), of the

Convention;

Whereas, at the 564th meeting of the Ministers' Deputies held on 30 April

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 6, paragraph 1 (art. 6-1), 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.