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F. G. I AGAINST AUSTRIA

Doc ref: 16060/90 • ECHR ID: 001-51675

Document date: March 22, 1996

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Cited paragraphs: 0
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F. G. I AGAINST AUSTRIA

Doc ref: 16060/90 • ECHR ID: 001-51675

Document date: March 22, 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 by the European Commission of Human

Rights in accordance with Article 31 (art. 31) of the Convention relating to the

application lodged on

12 January 1990 by Mr F. G. against Austria

(Application No. 16060/90);

Whereas on 11 March 1994 the Commission transmitted the said report to the

Committee of Ministers and whereas the period of three months provided for in

Article 32, paragraph 1 (art. 32-1), of the Convention has elapsed without the

case having been brought before the European Court of Human Rights in pursuance

of Article 48 (art. 48) of the Convention;

Whereas in his application, declared admissible by the Commission on 8

February 1993, the applicant complained of the excessive length of certain

criminal proceedings;

Whereas in its report adopted on 11 January 1994 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 517th meeting of the Ministers' Deputies held on 21

September 1994, 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;

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

27 October 1995;

Whereas, at the 553rd meeting of the Deputies held on

15 December 1995, the Committee of Ministers decided, in accordance with Article

32, paragraph 2 (art. 32-2), of the Convention, that the Government of Austria

was to pay the applicant as just satisfaction, within three months, 20 000

Austrian schillings in respect of non-pecuniary damage and 18 000 Austrian

schillings in respect of costs and expenses, namely a total sum of

38 000 Austrian schillings;

Whereas the Committee of Ministers invited the Government of Austria to

inform it of the measures taken following its decisions of 21 September 1994 and

15 December 1995, having regard to Austria's obligation under Article 32,

paragraph 4 (art. 32-4), of the Convention to abide by them;

Whereas the Committee of Ministers satisfied itself that within the time-

limit set, the Government of Austria paid the applicant the total sum of 38 000

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 (art. 32) of the

Convention in this case;

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

case.

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