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H. AGAINST AUSTRIA

Doc ref: 13373/87 • ECHR ID: 001-49351

Document date: January 26, 1993

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H. AGAINST AUSTRIA

Doc ref: 13373/87 • ECHR ID: 001-49351

Document date: January 26, 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 15 June 1987 by Mrs H. against Austria (Application

No. 13373/87);

Whereas on 6 August 1991 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 7 May 1990 and in its report adopted on 8 July 1991 expressed

unanimously the opinion that there had been a violation of

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

Whereas, at the 466th meeting of the Ministers' Deputies

held on 18 November 1991, 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;

Whereas the Committee of Ministers was informed that an

agreement had been reached between the Government of Austria and

the applicant as regards the amount of just satisfaction;

Whereas on 17 September 1992 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 the agreed sum of 65 200 Austrian

schillings for just satisfaction, which includes the sum of

42 000 schillings for costs incurred;

Whereas the Committee of Ministers invited the Government

of Austria to inform it of the measures taken following its

decisions of 18 November 1991 and 17 September 1992, 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

16 October 1992 the Government of Austria paid the applicant the

sum of 65 200 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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