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 15 June 1987 by Mrs H. against Austria (Application
No. 13373/87);
Whereas on 6 August 1991 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 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 her application the applicant complained of the
excessive length of criminal proceedings;
Whereas the Commission declared the application admissible
on 7 May 1990 and in its report adopted on 8 July 1991 expressed
unanimously the opinion that there had been a violation of
Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas, at the 466th meeting of the Ministers' Deputies
held on 18 November 1991, 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;
Whereas the Committee of Ministers was informed that an
agreement had been reached between the Government of Austria and
the applicant as regards the amount of just satisfaction;
Whereas on 17 September 1992 the Committee of Ministers
held, in accordance with Article 32, paragraph 2 (art. 32-2), of
the Convention, that the Government of Austria was to pay the
applicant within three months the agreed sum of 65 200 Austrian
schillings for just satisfaction, which includes the sum of
42 000 schillings for costs incurred;
Whereas the Committee of Ministers invited the Government
of Austria to inform it of the measures taken following its
decisions of 18 November 1991 and 17 September 1992, 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
16 October 1992 the Government of Austria paid the applicant the
sum of 65 200 Austrian schillings in respect of 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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