CASE OF MLYNEK AGAINST AUSTRIA



     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 Mlynek against Austria delivered on

27 October 1992 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

21 March 1989 under Article 25 (art. 25) of the Convention by

Mr Hannes Mlynek, an Austrian national, who complained of the

excessive length of criminal proceedings instituted against him;

     Recalling that the Commission declared the application

admissible on 2 July 1990 and in its report adopted on

9 December 1991 expressed unanimously the opinion that there had

been a violation of Article 6, paragraph 1 (art. 6-1), of the

Convention;

     Recalling that the case was brought before the Court by the

Commission on 21 February 1992;

     Whereas in its judgment of 27 October 1992 the Court, having

taken formal note of a friendly settlement reached by the

Government of Austria and the applicant and having found that there

was no reason of public policy militating against striking the case

off its list, decided unanimously to strike the case out of the

list;

     Whereas under the above-mentioned friendly settlement it was

agreed that the Austrian Federal Government would exonerate the

applicant from the obligation to pay the costs and fees (in

particular experts' fees) incurred in the proceedings before the

Vienna regional criminal court, in accordance with a claim to be

made once the decision in the proceedings complained of had become

final;

     Recalling that Rule 49, paragraph 3, of the Court's rules

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 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;

     Having satisfied itself that by a decision of 12 July 1993 the

Government of Austria has exonerated the applicant, in accordance

with a request made by him after the decision in the proceedings

complained of had become final, from the obligation to pay costs

and fees (including experts' fees) incurred in the proceedings

before the Vienna regional criminal court (case No. 12 b EVr

3079/91, Hv 1799/91, formerly No. 12 b Vr 3769/81, Hv 3646/87/90),

     Declares that it has exercised its functions under Article 54

(art. 54) of the Convention in this case.

 

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