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 on 28 June 1995 by the European
Commission of Human Rights in accordance with Article 31 (art. 31) of the
Convention relating to the application lodged on 15 July 1992 by Mr Ismail Alkin
against Austria
(Application No. 20365/92);
Whereas on 10 August 1995 the Commission transmitted the said report to
the Committee of Ministers and the case has not been referred to the European
Court of Human Rights, either by the Commission or by a state entitled to do so
under Article 48
(art. 48) of the Convention, within the time-limit of three months from the
transmission of the report to the Chairman of the Committee of Ministers;
however, whereas within this time-limit, the applicant seized the Court in
accordance with Protocol No. 9 (P9) but considering that the screening panel of
the Court decided on 14 March 1996 that this case would not be considered by the
Court, the Committee of Ministers is now called upon to take a decision in
accordance with Article 32 (art. 32) of the Convention and with Article 48 (art.
48) of the Convention as amended by Article 5 of Protocol No. 9 (P9-5) for those
states having ratified the latter;
Whereas in his application, as declared admissible by the Commission on 30
November 1994, the applicant complained that he did not have a fair hearing
relating to his compensation claim for detention on remand, as he did not
obtain, and had no possibility to comment upon, the submissions filed by the
Senior Public Prosecutor's Office with the Innsbruck Court of Appeal;
Whereas in its report the Commission expressed, unanimously, the opinion
that there had been a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention;
Whereas, at the 564th meeting of the Ministers' Deputies held on 30 April
1996 the Committee of Ministers, agreeing with the opinion expressed by the
Commission, held, having voted in accordance with the provisions of Article 32,
paragraph 1
(art. 32-1), of the Convention, that there had been in this case a violation of
Article 6, paragraph 1 (art. 6-1), of the Convention,
Authorises the publication of the report adopted by the Commission in this
case;
Decides to pursue the examination of the present case in accordance with
Article 32 (art. 32) of the Convention with a view to adopting the final
resolution.
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