NEUMEISTER CASE

Doc ref: 1936/63 • ECHR ID: 001-55400

Document date: November 4, 1974

Doc ref: 1936/63 • ECHR ID: 001-55400

Document date: November 4, 1974

Cited paragraphs only

The Committee of Ministers of the Council of Europe, exercising its

functions under the European Convention on Human Rights to supervise

the execution of judgments of the European Court of Human Rights,

discussed during its last session the action taken by the Austrian

Government pursuant to the judgment which the European Court of Human

Rights had delivered in the Neumeister case.

Mr. Fritz Neumeister introduced on 12 July 1963 an application to the

European Commission of Human Rights against the Republic of Austria

alleging violation of several provisions of the European Convention on

Human Rights. In particular he complained about the length of his

detention on remand. The European Commission, on 6 April 1964,

declared three of the applicant's complaints admissible and in its

report of 17 August 1966 it expressed the opinion that there was a

violation of Article 5 (3) (art. 5-3) of the Convention in that the

applicant was not brought to trial "within a reasonable time" and that

the applicant's case was not heard "within a reasonable time" within

the meaning of Article 6 (1) (art. 6-1).

The case was referred to the European Court of Human Rights on

7 October 1966. In its judgment of 27 June 1968, the European Court,

while rejecting two other complaints of the applicant, held that there

had been a breach of Article 5 (3) (art. 5-3) of the Convention in

that the detention of the applicant had been continued for longer than

a reasonable time.

In a subsequent judgment of 7 May 1974 concerning a request for just

satisfaction, the Court held unanimously that the applicant's claim

was not well-founded subject to the fact that the Republic of Austria

was to pay to the applicant in respect of lawyers' costs the sum of

30 000 schillings.

The Committee of Ministers has now taken note that, pursuant to its

obligation under Article 53 (art. 53) of the European Convention on

Human Rights, the Government of Austria has executed the judgment of

the Court of 7 May 1974.

The Committee of Ministers has also agreed that its task of

supervising the execution of the judgment of the Court in accordance

with Article 54 (art. 54) of the Convention has now been completed in

this case.

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