Final Resolution ResDH(2001)19
Human Rights
Application No. 23671/94
Fidler Gebhard against Austria
(Adopted by the Committee of Ministers on 26 February 2001
at the 741st meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to Interim Resolution DH (98) 310, adopted on 25 September 1998 in the case of Fidler Gebhard against Austria, in which the Committee of Ministers decided that there had been a violation of the applicant's right of access to a court, protected by Article 6, paragraph 1, of the Convention, on account of the courts' failure to give a decision in due time on his request for access to his children, and decided to make public the report of the European Commission of Human Rights;
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 17 June 1999;
Whereas at the 680th meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held by a decision adopted on 8 October 1999, in accordance with former Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay the applicant as just satisfaction, within three months, 9 000 Austrian schillings in respect of non-pecuniary damage and 27 000 Austrian schillings in respect of costs and expenses, namely a total sum of 36 000 Austrian schillings, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;
Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decisions of 25 September 1998 and 8 October 1999, having regard to Austria's obligation under former Article 32, paragraph 4, of the Convention to abide by them;
Whereas during the examination of the case by the Committee of Ministers, the Government of the respondent State drew the Committee's attention to the fact that, on account of the specific circumstances of the case, new similar violations of the Convention could be avoided for the future by informing the authorities concerned of the requirements of the Convention: copies of the Commission's report have accordingly been sent out to all Austrian Regional Courts of Appeal (Oberlandesgerichtssprengel) with instructions to make the report known to all their subordinatecourts;
Whereas the Committee of Ministers satisfied itself that on 11 November 1999, within the time-limit set, the Government of the respondent State had paid the applicant the total sum of 36 000 Austrian schillings as just satisfaction,
Declares, after having taken note of the measures taken by the Government of Austria, that it has exercised its functions under former Article 32 of the Convention in this case.
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