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 judgments of the European Court of
Human Rights in the Windisch case delivered on 27 September 1990
and 28 June 1993 and transmitted the same days to the Committee
of Ministers;
Recalling that the case originated in an application against
Austria lodged with the European Commission of Human Rights on
2 October 1986 under Article 25 (art. 25) of the Convention by
Mr Harald Windisch, an Austrian national, who complained of a
breach of Article 6, paragraph 3.d (art. 6-3-d) of the Convention
on the ground that he had been convicted solely on the basis of
evidence given by two anonymous witnesses, who had not been heard
by the first instance court and whom he had not had any
opportunity to examine;
Recalling that the case was brought before the Court by the
Commission on 12 October 1989;
Whereas in its judgment of 27 September 1990 the Court
unanimously:
- held that there had been a violation of paragraph 3.d,
taken together with paragraph 1, of Article 6 (art. 6-3-d,
art. 6-1) of the Convention;
- held that the question of the application of Article 50
(art. 50), as regards an award of damages, was not ready
for decision;
- held that Austria was to pay to the applicant, in respect
of costs and expenses, the sum of 86 526 Austrian
schillings, less 5 290 French francs already paid by way of
legal aid;
- rejected the remainder of the claim for costs and
expenses;
Whereas in its judgment of 28 June 1993 (Article 50)
(art. 50) the Court noted that the Austrian Supreme Court had
quashed, by a judgment of 23 August 1990, the proceedings at
issue in the Court's judgment of 27 September 1990 and found that
the end-result of the fresh domestic proceedings instituted
against the applicant, in the course of which the previously
anonymous witnesses gave evidence, together with the fact that
the term of imprisonment previously served by the applicant was
fully taken into account, brought about a situation as close to
restitutio in integrum as was possible in the nature of things;
Whereas in its above-mentioned judgment the unanimous Court,
accordingly, rejected the remainder of the applicant's 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
27 September 1990, 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 of 27 September 1990, which information appears in the
appendix to this resolution;
Having satisfied itself that on 14 December 1990 the
Government of Austria paid the applicant the sum provided for in
the judgment of 27 September 1990,
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) 61
Information provided by the Government of Austria
during the examination of the Windisch case
by the Committee of Ministers
A German translation of the Court's judgment in the Windisch
case has been published in the Österreichische Juristen Zeitung
1991, vol. 1, p. 25 and the obligations incumbent on Austria as
a result of this judgment have, accordingly, been brought to the
attention of the competent Austrian judicial authorities.
On 14 December 1990, the Government of Austria paid to the
applicant the sum indicated in the judgment of the European Court
of Human Rights of 27 September 1990.
Full & Egal Universal Law Academy