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CASE OF OBERSCHLICK AGAINST AUSTRIA

Doc ref: 11662/85 • ECHR ID: 001-55578

Document date: December 14, 1993

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Cited paragraphs: 0
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CASE OF OBERSCHLICK AGAINST AUSTRIA

Doc ref: 11662/85 • ECHR ID: 001-55578

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 judgment of the European Court of Human

Rights in the Oberschlick case delivered on 23 May 1991 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 in

June 1985 under Article 25 (art. 25) of the Convention by

Mr Gerhard Oberschlick, an Austrian national, who complained of the

defamation proceedings instituted against him and his subsequent

conviction;

Recalling that the case was brought before the Court by the

Commission on 16 February 1990;

Whereas in its judgment of 23 May 1991 the Court:

- rejected, unanimously, the Government's preliminary

objection;

- held, unanimously, that, in the second set of proceedings,

there had been a violation of Article 6, paragraph 1

(art. 6-1), of the Convention as regards the impartiality of

the Vienna Court of Appeal, but not as regards the fairness of

the trial before the Vienna Regional Court;

- held, by sixteen votes to three, that there had been a

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

- held, unanimously, that Austria was to pay to the applicant

18 123,84 Austrian schillings for pecuniary damage, and

85 285 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

23 May 1991, 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 31 July 1991 the Government of

Austria has paid the applicant the sums provided for in the

judgment of 23 May 1991,

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) 60

Information provided by the Government of Austria

during the examination of the Oberschlick 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 Gerichtsfhof) of 18 May 1993 (11 OS 25/93-6)).

The sums awarded by the Court have been paid to the applicant

on 31 July 1991. The applicant's conviction has also been deleted

from the criminal registers.

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