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F.W. KREMZOW III AGAINST AUSTRIA

Doc ref: 15883/89 • ECHR ID: 001-49401

Document date: October 19, 1994

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F.W. KREMZOW III AGAINST AUSTRIA

Doc ref: 15883/89 • ECHR ID: 001-49401

Document date: October 19, 1994

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

22 November 1989 by Mr Friedrich Wilhelm Kremzow against Austria

(Application No. 15883/89);

Whereas on 22 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 10 September 1991, 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

22 October 1993;

Whereas, at the 510th meeting of the Deputies, held

on 21 March 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 the applicant as just

satisfaction, within three months, 45 000 Austrian schillings in

respect of non-material damage, it being understood that this sum

should be paid to the applicant personally and free from

attachment;

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 21 March 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 13 May 1994 the Government of Austria paid the applicant the sum

of 45 000 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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