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CASE OF K. AGAINST AUSTRIA

Doc ref: 16002/90 • ECHR ID: 001-55569

Document date: October 15, 1993

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CASE OF K. AGAINST AUSTRIA

Doc ref: 16002/90 • ECHR ID: 001-55569

Document date: October 15, 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 case of K. against Austria delivered on 2 June 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

27 November 1989 under Article 25 (art. 25) of the Convention by

Mr. K., an Austrian national, who complained inter alia of his

conviction for having refused to testify in another trial for

fear of incriminating himself;

Recalling that the Commission declared the application

admissible on 18 February 1992 and in its report adopted on

13 October 1992 expressed the opinion, by seven votes to five,

that Article 6 (art. 6) of the Convention was inapplicable to the

proceedings imposing the fine; by ten votes to two, that there

had been a violation of Article 10 (art. 10) of the Convention

as regards the refusal to allow the applicant to remain silent;

by eleven votes to one, that there had been no violation of

Article 6, paragraph 1 (art. 6-1), on the same point, and, by ten

votes to two, that there had been a violation of Article 5,

paragraphs 1 and 4 (art. 5-1, art. 5-4), of the Convention;

Recalling that the case was brought before the Court by the

Commission on 11 December 1992;

Whereas in its judgment of 2 June 1993 the Court, having

taken formal note of a friendly settlement reached between the

Government of Austria and the applicant, and having satisfied

itself that there were no reasons of public policy (ordre public)

necessitating the continuation of the proceedings, decided

unanimously to strike the case off its list;

Whereas under the above-mentioned friendly settlement it was

agreed that the Austrian Government would pay to the applicant

18 000 Austrian schillings as compensation for the detention plus

103 460,40 Austrian schillings for costs;

Recalling that Rule 49, paragraph 3, of the Court's Rules

provides that the striking off of a case shall be effected by

means of a judgment which the President shall forward to the

Committee of Ministers in order to allow it to supervise, in

accordance with Article 54 (art. 54) of the Convention, the

execution of any undertakings which may have been attached to the

discontinuance or solution of the matter;

Having invited the Government of Austria to inform it of the

measures taken for the execution of the undertakings attached to

the solution of the case;

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,

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)42

Information provided by the Government of Austria

during the examination of the case of K. against Austria

by the Committee of Ministers

The sums agreed upon under the terms of the friendly

settlement were paid to the applicant on 21 May 1993.

The bill to amend the Code of Criminal Procedure, which was

pending before Parliament at the time of the Court's judgment and

to which the Court referred, inter alia, in paragraph 15 of its

judgment, has been adopted in July 1993

(Strafprozeßänderungsgesetz 1993, Bundesgesetzblatt No. 526 of

30 July 1993).

Article 19 of this law provides inter alia:

"19. Article 152 shall read as follows:

'Article 152 (1) The following shall be exempted from the

obligation to testify:

1. Persons who, through their statements, would expose

themselves to the risk of criminal prosecution, or who run the

risk of incriminating themselves, in connection with criminal

proceedings brought against them, even when they have already

been convicted;

[...]'".

This provision will enter into force on 1 January 1994

(Article IV (1) of the Law).

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