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KIRALY AGAINST AUSTRIA

Doc ref: 15306/89 • ECHR ID: 001-49359

Document date: October 15, 1993

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KIRALY AGAINST AUSTRIA

Doc ref: 15306/89 • ECHR ID: 001-49359

Document date: October 15, 1993

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 21 June 1989 by Mrs Hedwig Kiraly against Austria

(Application No. 15306/89);

Whereas on 9 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 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 her application the applicant complained of the

excessive length of criminal proceedings;

Whereas the Commission declared the application admissible

on 9 December 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 in this case

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

14 May 1993;

Whereas on 11 June 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 80 000 Austrian schillings for

non-material damage and 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 1993 and 11 June 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

before 11 September 1993 the Government of Austria paid the

applicant the sum of 80 000 Austrian schillings for non-material

damage and for costs and expenses,

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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