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TOTH AGAINST AUSTRIA

Doc ref: 16704/90 • ECHR ID: 001-49394

Document date: September 21, 1994

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TOTH AGAINST AUSTRIA

Doc ref: 16704/90 • ECHR ID: 001-49394

Document date: September 21, 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 10 April 1990 by Mr Stefan Toth against Austria

(Application No. 16704/90);

Whereas on 16 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 9 December 1991, the applicant complained of the

excessive length of certain criminal proceedings brought against

him;

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

11 March 1994;

Whereas, at the 512th meeting of the Deputies, held

on 3 May 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, 10 000 Austrian schillings for

non-pecuniary damage and 20 000 Austrian schillings for costs and

expenses, that is a total sum of 30 000 Austrian schillings;

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 3 May 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

16 June 1994 the Government of Austria paid the applicant the

total sum of 30 000 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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