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 4 August 1989 by Mr Claus Hermann Paul Bacher against Germany
(Application No. 15652/89);
Whereas on 22 January 1992 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
excessive length of criminal proceedings;
Whereas the Commission declared the application admissible
on 17 April 1991 and in its report adopted on 9 December 1991
unanimously expressed the opinion that there had been in this
case a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention;
Whereas, at the 475th meeting of the Ministers' Deputies
held on 15 May 1992, 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;
Whereas the Committee of Ministers examined the proposals
made by the Commission when transmitting its report as regards
just satisfaction to be awarded to the applicant, proposals
supplemented by a letter of the President of the Commission dated
11 December 1992;
Whereas on 26 January 1993 the Committee of Ministers held,
in accordance with Article 32, paragraph 2 (art. 32-2), of the
Convention, that the Government of Germany was to pay the
applicant, within three months, the sum of 30 000 Deutschmarks
in respect of non-pecuniary damage and the sum of 5 000
Deutschmarks in respect of costs;
Whereas the Committee of Ministers invited the Government
of Germany to inform it of the measures taken following its
decisions of 15 May 1992 and 26 January 1993, having regard to
Germany's obligation under Article 32, paragraph 4 (art. 32-4),
of the Convention to abide by them;
Whereas the Committee of Ministers satisfied itself that on
5 March 1993 the Government of Germany paid the applicant the
total sum of 35 000 Deutschmarks in respect of just satisfaction,
Declares, having taken note of the measures taken by the
Government of Germany, that it has exercised its functions under
Article 32 (art. 32) of the Convention in this case;
Authorises the publication of the report adopted by the
Commission in this case.
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