MLYNEK AGAINST AUSTRIA

Doc ref: 11688/85 • ECHR ID: 001-49285

Document date: September 19, 1989

Doc ref: 11688/85 • ECHR ID: 001-49285

Document date: September 19, 1989

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 2 May 1985 by Mr Hannes Mlynek

against Austria (No. 11688/85);

Whereas on 21 April 1988 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 his application the applicant complained inter alia that

the length of criminal proceedings brought against him was not

"reasonable" within the meaning of Article 6, paragraph 1

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

Whereas the Commission declared the application admissible on

16 October 1986 as regards the issue of the length of proceedings and

in its report adopted on 10 March 1988 expressed unanimously the

opinion that there had been a violation of Article 6, paragraph 1

(art. 6-1), of the Convention in that the applicant's case was not

heard within a reasonable time;

Agreeing with the opinion expressed by the Commission in accordance

with Article 31, paragraph 1 (art. 31-1), of the Convention;

Having examined the proposals made by the Commission concerning just

satisfaction for the applicant,

Decides, having voted in accordance with the provisions of

Article 32, paragraph 1 (art. 32-1), of the Convention, that there

has been a violation of Article 6, paragraph 1 (art. 6-1), of the

Convention in this case;

Recommends, under Rule 5 of the Rules adopted by the Committee of

Ministers for the application of Article 32 (art. 32) of the Convention,

that the Government of Austria pay to the applicant the sum

of 275 000 Austrian schillings as just satisfaction for material

losses and non-pecuniary damage;

Decides, therefore, that no further action is called for in this case.

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