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 case
of B. against Austria delivered on 28 March 1990 and transmitted the same day to
the Committee of Ministers;
Recalling that the case originated in an application against Austria lodged
with the European Commission of Human Rights on 10 January 1986 under
Article 25 (art. 25) of the Convention by an Austrian national, Mr B., who
complained of the length of his detention on remand and the duration of
the criminal proceedings brought against him;
Recalling that the case was brought before the Court by the Commission
on 16 March 1989;
Whereas in its judgment of 28 March 1990 the Court unanimously:
- held that there had been no violation of Article 5,
paragraph 3 (art. 5-3), of the Convention;
- held that there had been a violation of Article 6,
paragraph 1 (art. 6-1), of the Convention;
- held that Austria was to pay to the applicant in respect
of costs and expenses 150 000 schillings;
- rejected the remainder of the claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers concerning the
application of Article 54 (art. 54) of the Convention;
Having invited the Goverment of Austria to inform it of the measures which had
been taken in consequence of the judgment of 28 March 1990, having regard to its
obligation under Article 53 (art. 53) of the Convention to abide by it;
Whereas, during the examination of the case by the Committee of Ministers, the
Government of Austria gave the Committee information about the measures taken in
consequence of the judgment, which information appears in the appendix to this
resolution;
Having satisfied itself that the Government of Austria has paid the applicant
the sum provided for in the judgment,
Declares, after 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 (90) 41
Information provided by the Government of Austria
during the examination of the case of B. against Austria
before the Committee of Ministers
Under the new Article 91 of the Act of organisation of the Courts, which
article came into force on 1 January 1990, when a court delays taking procedural
steps such as drawing up a judgment, the parties may request the higher court to
prescribe a time-limit for the taking of such procedural steps.
If the court takes the procedural steps in question within four weeks, the
request is considered to be withdrawn, unless the requesting party decides
otherwise. The higher court which has to decide on such a request for the
setting of a time-limit must decide without delay.
The Government of Austria will also inform the courts and the prosecutors'
offices by means of a circular that an increasing number of applications
directed against Austria concern the alleged violation of Article 6,
paragraph 1 (art. 6-1), of the Convention, with regard to the excessive
length of civil as well as criminal proceedings and that Austria has been
sentenced on several occasions to the payment of high damages. This circular
will make reference to the constant case-law of the Strasbourg organs and
request the taking of the necessary measures with a view to deciding
speedily civil and criminal cases.
The sum awarded to the applicant by the Court was paid on 25 April 1990.
Full & Egal Universal Law Academy