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 17 May 1985 by Mr. Justus Garzarolli against Austria
(Application No. 12100/86);
Whereas on 19 May 1989 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 the applicant complained of the
length of criminal proceedings instituted against him;
Whereas the Commission declared the application admissible
on 9 December 1987 and in its report adopted on 11 April 1989
expressed unanimously the opinion that there had been a violation
of Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas during the examination of the case the Committee of
Ministers was informed that a friendly settlement has been
reached between the applicant and the Government of Austria under
the terms of which the applicant, who had been convicted, was
granted a pardon by the President of the Austrian Republic on
14 August 1989;
Whereas the Committee of Ministers was also informed that
both the applicant and the Government of Austria did not wish
publication of the Commission's report in this case,
Finds that the solution reached is based on respect for
human rights as defined in the Convention;
Decides therefore, under Rule 6 bis of the Rules adopted by
the Committee of Ministers for the application of Article 32
(art. 32) of the Convention, to discontinue its examination of
the present case.
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