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
22 November 1989 by Mr Friedrich Wilhelm Kremzow against Austria
(Application No. 15883/89);
Whereas on 22 February 1993 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 10 September 1991, the applicant complained of the
excessive length of certain criminal proceedings;
Whereas in its report adopted on 8 January 1993, 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 495th meeting of the Ministers' Deputies, held
on 11 June 1993, 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
22 October 1993;
Whereas, at the 510th meeting of the Deputies, held
on 21 March 1994, 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, 45 000 Austrian schillings in
respect of non-material damage, it being understood that this sum
should be paid to the applicant personally and free from
attachment;
Whereas the Committee of Ministers invited the Government of
Austria to inform it of the measures taken following its decisions
of 11 June 1993 and 21 March 1994, 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
on 13 May 1994 the Government of Austria paid the applicant the sum
of 45 000 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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