CASE OF SEKANINA 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 Sekanina against Austria delivered on

25 August 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

21 April 1987 under Article 25 (art. 25) of the Convention by

Mr Karl Sekanina, an Austrian national, who complained of a

violation of his right to be presumed innocent because the

Austrian courts had refused to award him compensation for

wrongful detention as they found that, despite his acquittal in

the criminal proceedings engaged against him, he was still the

object of suspicion;

     Recalling that the case was brought before the Court by the

Commission on 10 July 1992;

     Whereas in its judgment of 25 August 1993 the Court

unanimously:

     - held that Article 6, paragraph 2 (art. 6-2), was

applicable in the case and that there had been a violation of

that provision;

     - held that the respondent state was to pay to the

applicant, within three months, 110 000 Austrian schillings for

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

25 August 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 6 October 1993 the

Government of Austria has paid the applicant the sum provided for

in the judgment of 25 August 1993,

     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) 49

       Information provided by the Government of Austria

          during the examination of the Sekanina case

                 by the Committee of Ministers

     Following the judgment of the Court in the Sekanina case,

the Federal Ministry of Justice addressed to the Presidents of

the Courts of Appeal and to the Public Prosecutors attached to

the Courts of Appeal a circular note containing recommendations

aiming at avoiding the repetition of the violation of Article 6,

paragraph 2 (art. 6-2), found by the Court.  The Government of

Austria is of the opinion that this measure is sufficient, in the

light of the status of the Convention and of the Convention

organs' jurisprudence in Austrian law, to ensure that the

case-law of the Austrian courts will be in conformity with the

requirements of Article 6, paragraph 2 (art. 6-2), of the

Convention as interpreted by the Court.

 

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