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 Kremzow against Austria delivered on
21 September 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
1 August 1986 under Article 25 (art. 25) of the Convention by
Mr Friedrich Wilhelm Kremzow, an Austrian national, who alleged
that certain criminal proceedings brought against him had not
been dealt with fairly and publicly before the Austrian Supreme
Court;
Recalling that the case was brought before the Court by the
Commission on 11 September 1992 and by the Government of Austria
on 1 October 1992;
Whereas in its judgment of 21 September 1993 the Court
unanimously:
- joined the Government's preliminary objections to the
merits;
- held that it was not necessary to decide the Government's
preliminary objection in respect of the applicant's complaint
that he was not present at the hearing of the pleas of nullity;
- dismissed the preliminary objection raised by the
Government in respect of the applicant's complaint that he was
not present at the hearing of the appeals;
- held that there was no violation of Article 6,
paragraph 1, taken in conjunction with Article 6, paragraph 3.b
(art. 6-1, art. 6-3-b);
- held that there was no violation of Article 6,
paragraph 1, taken in conjunction with Article 6, paragraph 3.c
(art. 6-1, art. 6-3-c), as regards the applicant's absence at the
hearing of the pleas of nullity;
- held that there was a violation of Article 6,
paragraph 1, taken in conjunction with Article 6, paragraph 3.c
(art. 6-1, art. 6-3-c), as regards the applicant's absence at the
hearing of the appeals;
- held that there was no violation of Article 6,
paragraph 1 (art. 6-1), in respect of the remaining complaints
under this provision;
- held that there was no violation of Article 6, paragraph 2
(art. 6-2);
- held that it was not necessary to examine the applicant's
complaints under Articles 13 and 14 (art. 13, art. 14);
- held that the respondent State was to pay within three
months to the applicant 230 000 Austrian schillings in respect
of costs and expenses;
- dismissed 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 Government of Austria to inform it of the
measures which had been taken in consequence of the judgment of
21 September 1993, 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 on 17 December 1993 the
Government of Austria has paid the applicant the sum of
99 635,75 Austrian schillings whereas the remaining
130 364,25 Austrian schillings provided for in the judgment of
21 September 1993 had been set off against debts owed by the
applicant to the Austrian State,
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 (94) 11
Information provided by the Government of Austria
during the examination of the Kremzow case
by the Committee of Ministers
The Government of Austria has transmitted the judgment of
the Court in the Kremzow case to the Supreme Court in order to
inform it of the obligations incumbent upon Austria as a result
of this judgment.
On 17 December 1993 the Government of Austria paid the
applicant 99 635,75 Austrian schillings. The remaining
130 364,25 Austrian schillings awarded by the Court in its
judgment of 21 September 1993 in respect of costs and expenses
have been set off against debts for court costs owed by the
applicant to the Austrian State.
Full & Egal Universal Law Academy