Resolution ResDH(2003)162
concerning the judgment of the European Court of Human Rights
of 18 July 2002 (Friendly settlement)
in the case of Freiheitliche Landesgruppe Burgenland against Austria
(Adopted by the Committee of Ministers on 20 October 2003
at the 854th 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 final judgment of the European Court of Human Rights in the Freiheitliche Landesgruppe Burgenland case delivered on 18 July 2002 and transmitted to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in an application (No. 34320/96) against Austria, lodged with the European Commission of Human Rights on 13 September 1996 under former Article 25 of the Convention by the Burgenland Regional Branch (Landesgruppe Burgenland) of the Freiheitliche Partei Österreichs, an Austrian political party, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the applicant’s complaint that its freedom of expression had been violated on account of a decision of the Austrian Courts by which it had been convicted for insult in 1996 under Article 115 of the Austrian Criminal Code and ordered to pay damages following the publication of a caricature in its periodical;
Whereas in its judgment of 18 July 2002 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously to strike the case out of its list and took note of the parties’ undertaking not to request a re-hearing of the case before the Grand Chamber;
Whereas under the above-mentioned friendly settlement it was agreed that the Government of Austria would pay to the applicant’s lawyer, the global sum of 5 500 euros;
Recalling that Rule 44, paragraph 2, 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 once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that on 5 August 2002 the government of the respondent state had paid the applicant the sum provided for in the friendly settlement and that no other measure was required in the present case to conform to the Court’s judgment,
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.
Full & Egal Universal Law Academy