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 on 31 August 1994 by the European
Commission of Human Rights in accordance with Article 31 (art. 31) of the
Convention relating to the application lodged on 3 August 1990 by Mr Rudolf
Hannak against Austria
(Application No. 17208/90);
Whereas on 20 October 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, as declared admissible by the Commission on 13
October 1993, the applicant complained of the excessive length of certain
criminal and bankruptcy proceedings;
Whereas in its report the Commission expressed, unanimously, the opinion
that there had been a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention, in respect of the criminal proceedings, that there had been a
violation of Article 6, paragraph 1 (art. 6-1), of the Convention, in respect of
the bankruptcy proceedings and that it was unnecessary to determine whether
there had been a violation of Article 8 (art. 8) of the Convention;
Whereas, at the 530th meeting of the Ministers' Deputies held on 2 March
1995, 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 both in respect of the
length of the criminal proceedings and the length of the bankruptcy proceedings;
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 8 March 1996;
Whereas, at the 564th meeting of the Deputies held on
30 April 1996, the Committee of Ministers decided, in accordance with Article
32, paragraph 2 (art. 32-2), of the Convention, that the Government of Austria
should not pay the applicant any sum as just satisfaction as the latter had not
submitted such a claim;
Whereas the Committee of Ministers invited the Government of Austria to
inform it of the measures taken following its decisions of 2 March 1995 and 30
April 1996, having regard to Austria's obligation under Article 32, paragraph 4
(art. 32-4), of the Convention to abide by them;
Whereas, during the examination of the case by the Committee of Ministers,
the Government of Austria gave the Committee information about the measures
taken in consequence of the Committee's decisions, which information appears in
the appendix to this resolution,
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.
Appendix to Resolution DH (96) 248
Information provided by the Government of Austria
during the examination of the Hannak case
by the Committee of Ministers
The Government of Austria has ensured the distribution of the Commission's
report to the relevant authorities in order to prevent the repetition of the
violations found in the present case.
Accordingly, the government considers that they have fulfilled their
obligations under Article 32 (art. 32) of the European Convention on Human
Rights.
Full & Egal Universal Law Academy