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WRBA AGAINST AUSTRIA

Doc ref: 16038/90 • ECHR ID: 001-49525

Document date: April 7, 1995

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WRBA AGAINST AUSTRIA

Doc ref: 16038/90 • ECHR ID: 001-49525

Document date: April 7, 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

29 November 1989 by Mr Henrich Wrba against Austria

(Application No. 16038/90);

Whereas on 25 February 1993 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 13 January 1992, the applicant complained of the

excessive length of certain criminal proceedings;

Whereas in its report adopted on 8 January 1993, 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 495th meeting of the Ministers' Deputies held

on 11 June 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 524th meeting of the Deputies held

on 10 January 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, 160 000 Austrian

schillings as full compensation for all types of damages;

Whereas the Committee of Ministers invited the Government of

Austria to inform it of the measures taken following its decisions

of 11 June 1993 and 10 January 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 160 000 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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