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CASE OF SCHWABE AGAINST AUSTRIA

Doc ref: 13704/88 • ECHR ID: 001-55606

Document date: March 21, 1994

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Cited paragraphs: 0
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CASE OF SCHWABE AGAINST AUSTRIA

Doc ref: 13704/88 • ECHR ID: 001-55606

Document date: March 21, 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 case of Schwabe against Austria delivered on

28 August 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

1 February 1988 under Article 25 (art. 25) of the Convention by

Mr Thomas Uwe Schwabe, an Austrian national, who complained that

his conviction for defamation and for having reproached a person

with a previous criminal offence had been in breach of his right

to freedom of expression;

Recalling that the case was brought before the Court by the

Commission on 8 March 1991;

Whereas in its judgment of 28 August 1992 the Court:

- held by seven votes to two that there had been a violation

of Article 10 (art. 10) of the Convention;

- held unanimously that, as regards the non-pecuniary damage

alleged, the judgment constituted sufficient just satisfaction

for the purposes of Article 50 (art. 50);

- held unanimously that the Republic of Austria was to pay

to the applicant, within three months, 35 242,42 Austrian

schillings for pecuniary damage and 130 402,20 Austrian

schillings for costs and expenses;

- dismissed unanimously 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

28 August 1992, having regard to Austria's 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 on 14 October 1992 the

Government of Austria has paid the applicant the sums provided

for in the judgment of 26 August 1992,

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) 23

Information provided by the Government of Austria

during the examination of the Schwabe case by the Committee of

Ministers

A German translation of the judgment of the Court has been

brought to the attention of the judicial authorities concerned.

The case-law of the Austrian courts has also adapted the

interpretation of the crime of defamation (Article 111 of the

Criminal Code) to the requirements of the Convention as

interpreted by the European Court of Human Rights (see the

judgment of the Supreme Court (Oberster Gerichtshof) of

18 May 1993 (11 OS 25/93-6)).

The sums awarded by the Court have been paid to the

applicant on 14 October 1992. Furthermore the applicant's

conviction has been deleted from his criminal record.

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