GARZAROLLI AGAINST AUSTRIA

Doc ref: 12100/86 • ECHR ID: 001-49316

Document date: December 13, 1991

Doc ref: 12100/86 • ECHR ID: 001-49316

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 17 May 1985 by Mr. Justus Garzarolli against Austria

(Application No. 12100/86);

Whereas on 19 May 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 9 December 1987 and in its report adopted on 11 April 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 has been

reached between the applicant and the Government of Austria under

the terms of which the applicant, who had been convicted, was

granted a pardon by the President of the Austrian Republic on

14 August 1989;

Whereas the Committee of Ministers was also informed that

both the applicant and the Government of Austria did not wish

publication of the Commission's report in this case,

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.

Lexploria AI Legal Assistant