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CASE OF FRIEDL AGAINST AUSTRIA

Doc ref: 15225/89 • ECHR ID: 001-55644

Document date: May 4, 1995

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Cited paragraphs: 0
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CASE OF FRIEDL AGAINST AUSTRIA

Doc ref: 15225/89 • ECHR ID: 001-55644

Document date: May 4, 1995

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights and

Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the judgment of the European Court of Human

Rights in the Friedl case delivered on 31 January 1995 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application

(No. 15225/89) against Austria lodged with the European Commission

of Human Rights on 5 June 1989 under Article 25 (art. 25) of the

Convention by Mr Ludwig Friedl, an Austrian national, and that the

Commission declared admissible the complaint that during a

demonstration, the police had photographed him, checked his

identity and taken down his particulars and that he had not had any

effective remedy for his complaints under Article 8 (art. 8) of the

Convention in respect of these measures;

Recalling that the case was brought before the Court by the

Commission on 9 September 1994;

Whereas in its judgment of 31 January 1995 the Court, after

having taken formal note of a friendly settlement reached by the

Government of Austria and the applicant and having found that there

were no reasons of public policy justifying the continuation of the

proceedings, decided unanimously to strike the case out of its

list:

Whereas under the above-mentioned friendly settlement it was

agreed that:

"1. The Federal Government of the Republic of Austria will pay

to the applicant a sum amounting to altogether

148 787,60 Austrian schillings inclusive of all taxes as

compensation in respect of any possible claims relating to the

present application. This sum includes 98 787,60 Austrian

schillings in respect of the counsel's fees and expenses

incurred in the domestic proceedings and before the Strasbourg

organs.

This amount will be paid to the applicant's counsel,

Mr Thomas Prader, in Vienna (...)

2. All the photographs in question including the negatives

will be destroyed by the Austrian Government.

3. The applicant declares his application settled.

4. The applicant waives any further claims against the Federal

Republic of Austria relating to the present application.

5. The Austrian Federal Government will take the necessary

steps to implement the terms of the friendly settlement within

one month after the Court has decided to strike the case out

of its list."

Recalling that Rule 49, paragraph 3, of the Rules of the Court

provides that the striking out of a case shall be effected by means

of a judgment which the President shall forward to the Committee of

Ministers in order to allow it to supervise, in accordance with

Article 54 (art. 54) of the Convention, the execution of any

undertakings which may have been attached to the discontinuance or

solution of the matter;

Having satisfied itself that on 3 March 1995 the Government of

Austria paid the applicant the sum provided for in the friendly

settlement and that it had destroyed the photographs (including the

negatives) mentioned in the friendly settlement,

Declares that it has exercised its functions under Article 54

(art. 54) of the Convention in this case.

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