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CASE OF WINDISCH AGAINST AUSTRIA

Doc ref: 12489/86 • ECHR ID: 001-55579

Document date: December 14, 1993

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CASE OF WINDISCH AGAINST AUSTRIA

Doc ref: 12489/86 • ECHR ID: 001-55579

Document date: December 14, 1993

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 judgments of the European Court of

Human Rights in the Windisch case delivered on 27 September 1990

and 28 June 1993 and transmitted the same days to the Committee

of Ministers;

Recalling that the case originated in an application against

Austria lodged with the European Commission of Human Rights on

2 October 1986 under Article 25 (art. 25) of the Convention by

Mr Harald Windisch, an Austrian national, who complained of a

breach of Article 6, paragraph 3.d (art. 6-3-d) of the Convention

on the ground that he had been convicted solely on the basis of

evidence given by two anonymous witnesses, who had not been heard

by the first instance court and whom he had not had any

opportunity to examine;

Recalling that the case was brought before the Court by the

Commission on 12 October 1989;

Whereas in its judgment of 27 September 1990 the Court

unanimously:

- held that there had been a violation of paragraph 3.d,

taken together with paragraph 1, of Article 6 (art. 6-3-d,

art. 6-1) of the Convention;

- held that the question of the application of Article 50

(art. 50), as regards an award of damages, was not ready

for decision;

- held that Austria was to pay to the applicant, in respect

of costs and expenses, the sum of 86 526 Austrian

schillings, less 5 290 French francs already paid by way of

legal aid;

- rejected the remainder of the claim for costs and

expenses;

Whereas in its judgment of 28 June 1993 (Article 50)

(art. 50) the Court noted that the Austrian Supreme Court had

quashed, by a judgment of 23 August 1990, the proceedings at

issue in the Court's judgment of 27 September 1990 and found that

the end-result of the fresh domestic proceedings instituted

against the applicant, in the course of which the previously

anonymous witnesses gave evidence, together with the fact that

the term of imprisonment previously served by the applicant was

fully taken into account, brought about a situation as close to

restitutio in integrum as was possible in the nature of things;

Whereas in its above-mentioned judgment the unanimous Court,

accordingly, rejected the remainder of the applicant's 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

27 September 1990, 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 of 27 September 1990, which information appears in the

appendix to this resolution;

Having satisfied itself that on 14 December 1990 the

Government of Austria paid the applicant the sum provided for in

the judgment of 27 September 1990,

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 (93) 61

Information provided by the Government of Austria

during the examination of the Windisch case

by the Committee of Ministers

A German translation of the Court's judgment in the Windisch

case has been published in the Österreichische Juristen Zeitung

1991, vol. 1, p. 25 and the obligations incumbent on Austria as

a result of this judgment have, accordingly, been brought to the

attention of the competent Austrian judicial authorities.

On 14 December 1990, the Government of Austria paid to the

applicant the sum indicated in the judgment of the European Court

of Human Rights of 27 September 1990.

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