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 18 October 1995, by the European
Commission of Human Rights in accordance with
Article 31 (art. 31) of the Convention relating to the application lodged on 6
November 1992 by Mr Gerhard Höfler against Austria (Application No. 21154/93);
Whereas on 23 November 1995 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 17
May 1995, the applicant complained of the excessive length of certain criminal
proceedings;
Whereas in its report the Commission expressed, by eight votes to six, the
opinion that there had been a violation of Article 6, paragraph 1 (art. 6-1), of
the Convention;
Whereas, at the 564th meeting of the Ministers' Deputies held on 30 April
1996, 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,
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 (art. 32) of the Convention with a view to adopting the final
resolution.
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