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CASE OF KREMZOW AGAINST AUSTRIA

Doc ref: 12350/86 • ECHR ID: 001-55591

Document date: February 3, 1994

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CASE OF KREMZOW AGAINST AUSTRIA

Doc ref: 12350/86 • ECHR ID: 001-55591

Document date: February 3, 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 Kremzow against Austria delivered on

21 September 1993 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 August 1986 under Article 25 (art. 25) of the Convention by

Mr Friedrich Wilhelm Kremzow, an Austrian national, who alleged

that certain criminal proceedings brought against him had not

been dealt with fairly and publicly before the Austrian Supreme

Court;

Recalling that the case was brought before the Court by the

Commission on 11 September 1992 and by the Government of Austria

on 1 October 1992;

Whereas in its judgment of 21 September 1993 the Court

unanimously:

- joined the Government's preliminary objections to the

merits;

- held that it was not necessary to decide the Government's

preliminary objection in respect of the applicant's complaint

that he was not present at the hearing of the pleas of nullity;

- dismissed the preliminary objection raised by the

Government in respect of the applicant's complaint that he was

not present at the hearing of the appeals;

- held that there was no violation of Article 6,

paragraph 1, taken in conjunction with Article 6, paragraph 3.b

(art. 6-1, art. 6-3-b);

- held that there was no violation of Article 6,

paragraph 1, taken in conjunction with Article 6, paragraph 3.c

(art. 6-1, art. 6-3-c), as regards the applicant's absence at the

hearing of the pleas of nullity;

- held that there was a violation of Article 6,

paragraph 1, taken in conjunction with Article 6, paragraph 3.c

(art. 6-1, art. 6-3-c), as regards the applicant's absence at the

hearing of the appeals;

- held that there was no violation of Article 6,

paragraph 1 (art. 6-1), in respect of the remaining complaints

under this provision;

- held that there was no violation of Article 6, paragraph 2

(art. 6-2);

- held that it was not necessary to examine the applicant's

complaints under Articles 13 and 14 (art. 13, art. 14);

- held that the respondent State was to pay within three

months to the applicant 230 000 Austrian schillings in respect

of costs and expenses;

- 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

21 September 1993, 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 on 17 December 1993 the

Government of Austria has paid the applicant the sum of

99 635,75 Austrian schillings whereas the remaining

130 364,25 Austrian schillings provided for in the judgment of

21 September 1993 had been set off against debts owed by the

applicant to the Austrian State,

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) 11

Information provided by the Government of Austria

during the examination of the Kremzow case

by the Committee of Ministers

The Government of Austria has transmitted the judgment of

the Court in the Kremzow case to the Supreme Court in order to

inform it of the obligations incumbent upon Austria as a result

of this judgment.

On 17 December 1993 the Government of Austria paid the

applicant 99 635,75 Austrian schillings. The remaining

130 364,25 Austrian schillings awarded by the Court in its

judgment of 21 September 1993 in respect of costs and expenses

have been set off against debts for court costs owed by the

applicant to the Austrian State.

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