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 by Mr John Jesso against Austria
(Application No. 9315/81);
Whereas on 23 June 1986 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 introduced on 8 December 1980, the
applicant complained that the length of certain criminal proceedings
against him was such that he had been denied the determination of
certain criminal charges against him within a reasonable time,
contrary to Article 6, paragraph 1 (art. 6-1), of the convention;
Whereas the Commission declared the application admissible on
11 October 1984 and in its report adopted on 7 May 1986 it expressed
unanimously the opinion that there had been a violation of Article 6,
paragraph 1 (art. 6-1), of the convention in that the criminal charges
against the applicant had not been determined within a reasonable
time;
Agreeing with the opinion expressed by the Commission in accordance
with Article 31, paragraph 1 (art. 31-1), of the convention;
Having examined the proposals made by the Commission in accordance
with Article 31, paragraph 3 (art. 31-3), of the convention;
Whereas during the examination of this case, the Austrian Government
informed the Committee of Ministers that it accepted the finding of
the violation and was ready to pay in accordance with the proposals
made by the Commission under Article 31, paragraph 3 (art. 31-3), of
the convention the sum of 40 000 FF if the Committee decided there had
been a violation of the convention in this case,
Takes note with satisfaction that, following the decision of the
Committee of Ministers under Article 32, paragraph 1 (art. 32-1), of
the convention, the Austrian Government has paid 25 000 FF to the
applicant and 15 000 FF to his lawyers;
Voting in accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the convention,
a. Decides that there has been a violation of Article 6,
paragraph 1 (art. 6-1), of the convention in this case in that the
criminal charges against the applicant had not been determined within
a reasonable time;
b. Decides that no further action is called for in this case.