Search
document

Document text Analytics

SRAMEK CASE

Doc ref: 8790/79 • ECHR ID: 001-55426

Document date: March 13, 1985

Inbound citations: 0
•
Cited paragraphs: 0
•
Outbound citations: 0

SRAMEK CASE

Doc ref: 8790/79 • ECHR ID: 001-55426

Document date: March 13, 1985

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54 (art. 54) of

the Convention for the Protection of Human Rights and Fundamental

Freedoms (hereinafter referred to as "the convention"),

Having regard to the judgment of the European Court of Human Rights in

the Sramek case, delivered on 22 October 1984 and transmitted the

same day to the Committee of Ministers;

Recalling that this case had its origin in an application against

Austria lodged on 19 September 1979 with the European Commission of

Human Rights under Article 25 (art. 25) of the convention by a United

States citizen, Mrs Vera Sramek, alleging violation of Article 6,

paragraph 1 (art. 6-1), of the convention because she had not received

a fair and public hearing by "an independent and impartial tribunal

established by law";

Recalling that this case had been brought before the Court by the

European Commission of Human Rights and by the Government of Austria;

Whereas in its judgment, the Court:

Holds by thirteen votes to two that there has been a violation of

Article 6, paragraph 1 (art. 6-1);

Holds unanimously that the respondent State is to pay to the

applicant one hundred thousand (100 000) schillings for costs and

expenses;

Rejects by fourteen votes to one the remainder of the claim for

just satisfaction;

Having regard to the "Rules concerning the application of Article 54

(art. 54) of the convention";

Having invited the Government of Austria to inform it of the measures

which had been taken in consequence of the judgment, having regard to

its obligation under Article 53 (art. 53) of the convention to abide

by its judgment;

Whereas, during the examination of this case by the Committee of

Ministers, the Government of Austria informed the Committee of the

measures taken in consequence of the judgment, which information is

summarised at the appendix to this resolution;

Having satisfied itself that the Government of Austria has paid to the

applicant the sum awarded by the Court in respect of costs and

expenses,

Declares, having taken note of the information supplied by the

Government of Austria, that it has exercised its functions under

Article 54 (art. 54) of the convention in this case.

Appendix to Resolution DH (85) 6

Information provided by the Government of Austria

during the examination of the Sramek case

by the Committee of Ministers

Following the judgment delivered by the European Court of Human Rights

on 22 October 1984, the Government of Austria has taken the following

measures:

1. The regional government of the Tyrol has altered the

organisation chart of the regional administration, by means of an

order dated 21 November 1984, the effect of which is that henceforth

the Division to which the rapporteur of the property transactions

authority belongs is separate from the Directorate headed by the

Controller of property transactions. The functions and services

performed by the rapporteur of the property transactions authority are

as a result no longer subordinate to that Controller.

A copy of the order in question has been forwarded to the Directorate

of Human Rights of the Council of Europe.

2. As for the sum of 100 000 schillings granted by the same

judgment of the Court for costs and expenses, that has been paid to

the applicant.

LEXI

Lexploria AI Legal Assistant