The Committee of Ministers, under the terms of Article 32 (art. 32) of the
Convention for the Protection of Human Rights and Fundamental Freedoms
(hereinafter referred to as "the Convention"),
Having regard to the report drawn up by the European Commission of Human
Rights in accordance with Article 31 (art. 31) of the Convention relating to the
application lodged on
12 January 1990 by Mr F. G. against Austria
(Application No. 16060/90);
Whereas on 11 March 1994 the Commission transmitted the said report to the
Committee of Ministers and whereas the period of three months provided for in
Article 32, paragraph 1 (art. 32-1), of the Convention has elapsed without the
case having been brought before the European Court of Human Rights in pursuance
of Article 48 (art. 48) of the Convention;
Whereas in his application, declared admissible by the Commission on 8
February 1993, the applicant complained of the excessive length of certain
criminal proceedings;
Whereas in its report adopted on 11 January 1994 the Commission expressed,
unanimously, the opinion that there had been a violation of Article 6, paragraph
1 (art. 6-1), of the Convention;
Whereas, at the 517th meeting of the Ministers' Deputies held on 21
September 1994, the Committee of Ministers, agreeing with the opinion expressed
by the Commission, held, having voted in accordance with the provisions of
Article 32, paragraph 1
(art. 32-1), of the Convention, that there had been in this case a violation of
Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas the Committee of Ministers examined the proposals made by the
Commission when transmitting its report as regards just satisfaction to be
awarded to the applicant, proposals supplemented by a letter of the President of
the Commission dated
27 October 1995;
Whereas, at the 553rd meeting of the Deputies held on
15 December 1995, the Committee of Ministers decided, in accordance with Article
32, paragraph 2 (art. 32-2), of the Convention, that the Government of Austria
was to pay the applicant as just satisfaction, within three months, 20 000
Austrian schillings in respect of non-pecuniary damage and 18 000 Austrian
schillings in respect of costs and expenses, namely a total sum of
38 000 Austrian schillings;
Whereas the Committee of Ministers invited the Government of Austria to
inform it of the measures taken following its decisions of 21 September 1994 and
15 December 1995, having regard to Austria's obligation under Article 32,
paragraph 4 (art. 32-4), of the Convention to abide by them;
Whereas the Committee of Ministers satisfied itself that within the time-
limit set, the Government of Austria paid the applicant the total sum of 38 000
Austrian schillings as just satisfaction,
Declares, having taken note of the measures taken by the Government of
Austria, that it has exercised its functions under Article 32 (art. 32) of the
Convention in this case;
Authorises the publication of the report adopted by the Commission in this
case.
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