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 Oberschlick case delivered on 23 May 1991 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 in
June 1985 under Article 25 (art. 25) of the Convention by
Mr Gerhard Oberschlick, an Austrian national, who complained of the
defamation proceedings instituted against him and his subsequent
conviction;
Recalling that the case was brought before the Court by the
Commission on 16 February 1990;
Whereas in its judgment of 23 May 1991 the Court:
- rejected, unanimously, the Government's preliminary
objection;
- held, unanimously, that, in the second set of proceedings,
there had been a violation of Article 6, paragraph 1
(art. 6-1), of the Convention as regards the impartiality of
the Vienna Court of Appeal, but not as regards the fairness of
the trial before the Vienna Regional Court;
- held, by sixteen votes to three, that there had been a
violation of Article 10 (art. 10) of the Convention;
- held, unanimously, that Austria was to pay to the applicant
18 123,84 Austrian schillings for pecuniary damage, and
85 285 Austrian schillings for costs and expenses;
- dismissed, unanimously, 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
23 May 1991, 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 31 July 1991 the Government of
Austria has paid the applicant the sums provided for in the
judgment of 23 May 1991,
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) 60
Information provided by the Government of Austria
during the examination of the Oberschlick case
by the Committee of Ministers
A German translation of the judgment of the Court has been
brought to the attention of the judicial authorities concerned. The
case-law of the Austrian courts has also adapted the interpretation
of the crime of defamation (Article 111 of the Criminal Code) to
the requirements of the Convention as interpreted by the European
Court of Human Rights (see the judgment of the Supreme Court
(Oberster Gerichtsfhof) of 18 May 1993 (11 OS 25/93-6)).
The sums awarded by the Court have been paid to the applicant
on 31 July 1991. The applicant's conviction has also been deleted
from the criminal registers.
Full & Egal Universal Law Academy