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CASE OF HERCZEGFALVY AGAINST AUSTRIA

Doc ref: 10533/83 • ECHR ID: 001-55619

Document date: June 9, 1994

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Cited paragraphs: 0
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CASE OF HERCZEGFALVY AGAINST AUSTRIA

Doc ref: 10533/83 • ECHR ID: 001-55619

Document date: June 9, 1994

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights

and Fundamental Freedoms (hereinafter referred to as "the

Convention"),

Having regard to the judgment of the European Court of Human

Rights in the Herczegfalvy case delivered on 24 September 1992

and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application against

Austria lodged with the European Commission of Human Rights on

27 November 1978 under Article 25 (art. 25) of the Convention by

Mr Istvan Herczegfalvy, a Hungarian national, who complained of

the unlawfulness, length and condition of his detention and of

the medical treatment carried out during it;

Recalling that the case was brought before the Court by the

Commission on 19 April 1991;

Whereas in its judgment of 24 September 1992 the Court

unanimously:

- held that there had not been a violation of Article 5,

paragraphs 1 and 3 (art. 5-1, art. 5-3);

- held that there had been a violation of Article 5,

paragraph 4 (art. 5-4);

- held that there had not been a violation of Article 3

(art. 3);

- held that there had been a violation of Article 8

(art. 8) with respect to the applicant's correspondence, but not

with respect to the medical treatment undergone by him;

- held that there had been a violation of Article 10

(art. 10);

- held that it was not necessary also to examine the case

from the point of view of Article 13 (art. 13);

- held that the respondent state was to pay the

applicant, within three months, 112 000 Austrian schillings and

8 000 Deutschmarks, less 22 971 French francs;

- dismissed the remainder of the claim for just

satisfaction;

Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of

the Convention;

Having invited the Government of Austria to inform it of the

measures which had been taken in consequence of the judgment of

24 September 1992, having regard to its obligation under

Article 53 (art. 53) of the Convention to abide by it;

Whereas, during the examination of the case by the Committee

of Ministers, the Government of Austria gave the Committee

information about the measures taken in consequence of the

judgment, which information appears in the appendix to this

resolution;

Having satisfied itself that the Government of Austria has

paid the applicant's curator, within the time-limit set, the sums

provided for in the judgment,

Declares, after having taken note of the information

supplied by the Government of Austria, that it has exercised its

functions under Article 54 (art. 54) of the Convention in this

case.

Appendix to Resolution DH (94) 48

Information provided by the Government of Austria

during the examination of the case of Herczegfalvy

by the Committee of Ministers

The Government of Austria considers that the following

measures are apt to prevent the repetition of the violations

found by the Court in the present case.

The judgment of the Court has been transmitted by the

Government to the domestic courts concerned and the Government

is of the opinion that these will not fail to respect, in the

light of the status of the Convention and of the jurisprudence

of the Convention organs in Austrian law, their obligation to

respect Article 5, paragraph 4 (art. 5-4), of the Convention by

taking a decision within the time-limit set out under Article 25,

paragraph 3, of the Criminal Code.

As to the violations of Articles 8 and 10 (art. 8, art. 10)

of the Convention found by the Court, the following measures are

of relevance:

Article 51, paragraph 1, of the Hospitals Act

(Krankenanstaltengesetz) has been deleted (BGBl 157/1990) and

replaced with more precise provisions.

Article 34 of the Act on the Placement of the Mentally Ill

(Unterbringungsgesetz) provides (BGBl Nr. 155/1990) that as from

1 January 1991 the correspondence between the patient and his

counsel may no longer be hindered and that the patient's right

to correspond with other persons may only be limited to the

extent necessary to protect the patient's health. As from

1 January 1994 these provisions apply also to convicted persons

placed in mental hospitals in accordance with a new Article 167.a

in the Law on the Enforcement of Sentences (Strafvollzugsgesetz

- BGBl Nr. 799/1993).

The new Article 167.a also provides that persons serving

their sentences in mental hospitals may see their contacts with

the outside world restricted only to the extent that such

contacts would create a risk that the person concerned would

commit new crimes.

As of 1 January 1994 Article 58 of the Law on the

Enforcement of Sentences (BGBl Nr. 799/1993) provides that the

detainees should have access to, inter alia, reading material and

to television and radio.

The sums awarded by the Court have been paid to the

applicant's curator within the time-limit set by the Court.

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