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 K. against Austria delivered on 2 June 1993
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
27 November 1989 under Article 25 (art. 25) of the Convention by
Mr. K., an Austrian national, who complained inter alia of his
conviction for having refused to testify in another trial for
fear of incriminating himself;
Recalling that the Commission declared the application
admissible on 18 February 1992 and in its report adopted on
13 October 1992 expressed the opinion, by seven votes to five,
that Article 6 (art. 6) of the Convention was inapplicable to the
proceedings imposing the fine; by ten votes to two, that there
had been a violation of Article 10 (art. 10) of the Convention
as regards the refusal to allow the applicant to remain silent;
by eleven votes to one, that there had been no violation of
Article 6, paragraph 1 (art. 6-1), on the same point, and, by ten
votes to two, that there had been a violation of Article 5,
paragraphs 1 and 4 (art. 5-1, art. 5-4), of the Convention;
Recalling that the case was brought before the Court by the
Commission on 11 December 1992;
Whereas in its judgment of 2 June 1993 the Court, having
taken formal note of a friendly settlement reached between the
Government of Austria and the applicant, and having satisfied
itself that there were no reasons of public policy (ordre public)
necessitating the continuation of the proceedings, decided
unanimously to strike the case off its list;
Whereas under the above-mentioned friendly settlement it was
agreed that the Austrian Government would pay to the applicant
18 000 Austrian schillings as compensation for the detention plus
103 460,40 Austrian schillings for costs;
Recalling that Rule 49, paragraph 3, of the Court's Rules
provides that the striking off 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 invited the Government of Austria to inform it of the
measures taken for the execution of the undertakings attached to
the solution of the case;
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,
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 (93)42
Information provided by the Government of Austria
during the examination of the case of K. against Austria
by the Committee of Ministers
The sums agreed upon under the terms of the friendly
settlement were paid to the applicant on 21 May 1993.
The bill to amend the Code of Criminal Procedure, which was
pending before Parliament at the time of the Court's judgment and
to which the Court referred, inter alia, in paragraph 15 of its
judgment, has been adopted in July 1993
(Strafprozeßänderungsgesetz 1993, Bundesgesetzblatt No. 526 of
30 July 1993).
Article 19 of this law provides inter alia:
"19. Article 152 shall read as follows:
'Article 152 (1) The following shall be exempted from the
obligation to testify:
1. Persons who, through their statements, would expose
themselves to the risk of criminal prosecution, or who run the
risk of incriminating themselves, in connection with criminal
proceedings brought against them, even when they have already
been convicted;
[...]'".
This provision will enter into force on 1 January 1994
(Article IV (1) of the Law).
Full & Egal Universal Law Academy