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
19 October 1989 by Mr Kurt Heydasch against Germany (Application
No. 16052/90);
Whereas on 7 May 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 in part by the
Commission on 9 December 1991, the applicant complained of the
excessive length of certain criminal proceedings;
Whereas in its report adopted on 6 April 1993, the Commission
expressed, by nine votes to two, the opinion that there had been a
violation of Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas, at the 499th meeting of the Ministers' Deputies, held
on 15 October 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 11 March 1994;
Whereas, at the 512th meeting of the Ministers' Deputies, held
on 3 May 1994, the Committee of Ministers decided, in accordance
with Article 32, paragraph 2 (art. 32-2), of the Convention, that
the Government of Germany was to pay the applicant as just
satisfaction, within three months, 4 500 German marks in respect of
non-pecuniary damage and 4 500 German marks in respect of the costs
and expenses incurred in the proceedings before the Strasbourg
organs, that is a total sum of 9 000 German marks;
Whereas the Committee of Ministers invited the Government of
Germany to inform it of the measures taken following its decisions
of 15 October 1993 and 3 May 1994, having regard to Germany'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 2 June 1994 the Government of Germany paid the applicant the
total sum of 9 000 German marks as just satisfaction,
Declares, having taken note of the measures taken by the
Government of Germany, 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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