INTERIM RESOLUTION DH (97) 128
HUMAN RIGHTS
APPLICATION No. 21611/93
HASLHOFER AGAINST AUSTRIA
(Adopted by the Committee of Ministers on 19 March 1997
at the 585th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 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 15 May 1996 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 18 December 1992 by Mr Helmut Haslhofer against Austria (Application No. 21611/93);
Whereas on 20 June 1996 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, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the Convention; whereas, however, within this time-limit, the applicant seized the Court in accordance with Protocol No. 9 but considering that the screening panel of the Court decided on 15 January 1997 that this case would not be considered by the Court; the Committee of Ministers is now called upon to take a decision in accordance with Article 32 of the Convention and with Article 48 of the Convention as amended by Article 5 of Protocol No. 9 for those states having ratified the latter;
Whereas in his application, as declared admissible by the Commission on 6 September 1995, the applicant complained of the excessive length of certain criminal proceedings;
Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention;
Whereas, at the 585th meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, by a decision adopted on 19 March 1997, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, that there had been in this case a violation of Article 6, paragraph 1, of the Convention,
Authorises the publication of the report adopted by the Commission in this case;
Decides to pursue the examination of the present case, in accordance with Article 32 of the Convention with a view to adopting the final resolution.
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