P. AGAINST AUSTRIA

Doc ref: 13017/87 • ECHR ID: 001-49315

Document date: December 13, 1991

Doc ref: 13017/87 • ECHR ID: 001-49315

Document date: December 13, 1991

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 18 May 1987 by Mr. P. against Austria (Application

No. 13017/87);

Whereas on 28 August 1989 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 has 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 his application the applicant complained of the

length of criminal proceedings instituted against him;

Whereas the Commission declared the application admissible

on 14 December 1988 and in its report adopted on 4 July 1989

expressed unanimously the opinion that there had been a violation

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

Whereas, during the examination of the case, the Committee

of Ministers was informed that a friendly settlement had been

reached on 6 March 1990 between the applicant and the Government

of Austria under the terms of which the applicant would receive

49 000 Austrian shillings in respect of costs and expenses and

non-pecuniary damage;

Having satisfied itself that the sum agreed was paid to the

applicant on 21 June 1990,

Finds that the solution reached is based on respect for

human rights as defined in the Convention;

Decides therefore, under Rule 6 bis of the Rules adopted by

the Committee of Ministers for the application of Article 32

(art. 32) of the Convention, to discontinue its examination of

the present case.

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