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MARTZAK-GÖRIKE AGAINST AUSTRIA

Doc ref: 15615/89 • ECHR ID: 001-49539

Document date: May 4, 1995

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Cited paragraphs: 0
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MARTZAK-GÖRIKE AGAINST AUSTRIA

Doc ref: 15615/89 • ECHR ID: 001-49539

Document date: May 4, 1995

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

14 September 1989 by Mr Otto Martzak-Görike against Austria

(Application No. 15615/89);

Whereas on 13 January 1992 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 15 January 1991, the applicant complained of the

excessive length of certain criminal proceedings;

Whereas in its report adopted on 9 December 1991, 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 498th meeting of the Ministers' Deputies held

on 21 September 1993, 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

9 December 1994;

Whereas, at the 527th meeting of the Deputies held on

6 February 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, 74 314,40 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 1993 and 6 February 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 on

27 February 1995 the Government of Austria paid the applicant the

total sum of 74 314,40 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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