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SCHIANSKY AGAINST AUSTRIA

Doc ref: 15062/89 • ECHR ID: 001-49492

Document date: March 2, 1995

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SCHIANSKY AGAINST AUSTRIA

Doc ref: 15062/89 • ECHR ID: 001-49492

Document date: March 2, 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 May 1989

by MM. Erwin and Robert Schiansky against Austria

(Application No. 15062/89);

Whereas on 24 August 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 their application, as declared admissible by the

Commission on 1 April 1992 (final decision as to the

admissibility), the applicants complained of the excessive length

of certain criminal proceedings;

Whereas in its report adopted on 30 June 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 505th meeting of the Ministers' Deputies held

on 6 January 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 8 July 1994;

Whereas, at the 517th meeting of the Deputies held

on 20 September 1994, 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 as just

satisfaction, within three months, to Mr Erwin Schiansky the sum of

60 000 Austrian schillings and to Mr Robert Schiansky the sum of

50 000 Austrian schillings, namely a total sum of 110 000 Austrian

schillings;

Whereas the Committee of Ministers invited the Government of

Austria to inform it of the measures taken following its decisions

of 6 January and 20 September 1994, 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 18 October 1994 the Government of Austria paid the applicants

the total sum of 110 0000 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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