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NIESENBACHER AGAINST AUSTRIA

Doc ref: 15548/89 • ECHR ID: 001-49388

Document date: February 3, 1994

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NIESENBACHER AGAINST AUSTRIA

Doc ref: 15548/89 • ECHR ID: 001-49388

Document date: February 3, 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 3 July 1989 by Mr Hans Niesenbacher against Austria

(Application No. 15548/89);

Whereas on 13 October 1992 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 the applicant complained of the

length of certain criminal proceedings brought against him;

Whereas the Commission declared the application admissible

on 14 October 1991 and in its report adopted on 2 September 1992

expressed unanimously the opinion that there had been a violation

of Article 6, paragraph 1 (art. 6-1), of the Convention;

Whereas, at the 487th meeting of the Ministers' Deputies

held on 26 January 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 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

10 September 1993;

Whereas on 15 October 1993 the Committee of Ministers held,

in accordance with Article 32, paragraph 2 (art. 32-2), of the

Convention, that the Government of Austria was to pay the

applicant within three months 90 000 Austrian schillings in

respect of non-pecuniary damage and 30 000 Austrian schillings

for costs and expenses;

Whereas the Committee of Ministers invited the Government

of Austria to inform it of the measures taken following its

decisions of 26 January and 15 October 1993, 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

26 November 1993 the Government of Austria paid the applicant the

sum of 120 000 Austrian schillings in respect of 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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