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 Friedl case delivered on 31 January 1995 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application
(No. 15225/89) against Austria lodged with the European Commission
of Human Rights on 5 June 1989 under Article 25 (art. 25) of the
Convention by Mr Ludwig Friedl, an Austrian national, and that the
Commission declared admissible the complaint that during a
demonstration, the police had photographed him, checked his
identity and taken down his particulars and that he had not had any
effective remedy for his complaints under Article 8 (art. 8) of the
Convention in respect of these measures;
Recalling that the case was brought before the Court by the
Commission on 9 September 1994;
Whereas in its judgment of 31 January 1995 the Court, after
having taken formal note of a friendly settlement reached by the
Government of Austria and the applicant and having found that there
were no reasons of public policy justifying the continuation of the
proceedings, decided unanimously to strike the case out of its
list:
Whereas under the above-mentioned friendly settlement it was
agreed that:
"1. The Federal Government of the Republic of Austria will pay
to the applicant a sum amounting to altogether
148 787,60 Austrian schillings inclusive of all taxes as
compensation in respect of any possible claims relating to the
present application. This sum includes 98 787,60 Austrian
schillings in respect of the counsel's fees and expenses
incurred in the domestic proceedings and before the Strasbourg
organs.
This amount will be paid to the applicant's counsel,
Mr Thomas Prader, in Vienna (...)
2. All the photographs in question including the negatives
will be destroyed by the Austrian Government.
3. The applicant declares his application settled.
4. The applicant waives any further claims against the Federal
Republic of Austria relating to the present application.
5. The Austrian Federal Government will take the necessary
steps to implement the terms of the friendly settlement within
one month after the Court has decided to strike the case out
of its list."
Recalling that Rule 49, paragraph 3, of the Rules of the Court
provides that the striking out of a case shall be effected by means
of a judgment which the President shall forward to the Committee of
Ministers in order to allow it to supervise, in accordance with
Article 54 (art. 54) of the Convention, the execution of any
undertakings which may have been attached to the discontinuance or
solution of the matter;
Having satisfied itself that on 3 March 1995 the Government of
Austria paid the applicant the sum provided for in the friendly
settlement and that it had destroyed the photographs (including the
negatives) mentioned in the friendly settlement,
Declares that it has exercised its functions under Article 54
(art. 54) of the Convention in this case.
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