Resolution ResDH(2005)70
concerning the judgment of the European Court of Human Rights
of 21 October 2004 (final on 21 January 2005)
in the case of Bettina Malek against Austria
(Adopted by the Committee of Ministers on 18 July 2005
at the 933rd meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the judgment of the European Court of Human Rights in the case of Bettina Malek delivered on 21 October 2004 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;
Recalling that the case originated in an application (No. 16174/02) against Austria, lodged with the European Court of Human Rights on 3 April 2002 under Article 34 of the Convention by Mrs Bettina Malek, an Austrian national, and that the Court declared admissible the complaint related to the excessive length of certain proceedings to determine a criminal charge before an administrative court;
Whereas in its judgment of 21 October 2004 the Court unanimously inter alia:
- held that there had been a violation of Article 6, paragraph 1, of the Convention;
- held that the finding of violation constituted in itself sufficient just satisfaction for non-pecuniary damage;
- dismissed the remainder of the applicant's claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgment of 21 October 2004, having regard to Austria's obligation under Article 46, paragraph 1, of the Convention to abide by it;
Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new violations of the same kind as that found in this case, (see Resolution ResDH(2004)77 in the G.S. case against Austria), notably through the entry into force on 20 April 2002 of Administrative Reform Act 2001, which aims to alleviate the case-load of the Administrative Court and accelerate administrative proceedings, and the adoption of legal measures to prevent the Administrative Court from being overburdened by clone cases, and indicated that the Court's judgment had been sent out to the authorities directly concerned;
Declares, after having examined the information supplied by the Government of Austria, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
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