The Committee of Ministers, under the terms of Article 54
(art. 54) of the Convention for the Protection of Human Rights and
Fundamental Freedoms (hereinafter referred to as "the Convention"),
Having regard to the judgment of the European Court of Human Rights in
the Kamasinski case delivered on 19 December 1989 and transmitted the
same day to the Committee of Ministers;
Recalling that the case originated in an application against Austria
lodged with the European Commission of Human Rights on 6 November 1981
under Article 25 (art. 25) of the Convention by Mr Theodore Kamasinski,
an American national, who complained inter alia of the unilateral
character of the factual enquiry carried out by the Austrian Supreme
Court in examining the applicant's plea of nullity in a criminal
case;
Recalling that the case was brought before the Court by the
Commission on 18 July 1988;
Whereas in its judgment of 19 December 1989 the Court:
- rejected unanimously the Government's preliminary objection of
non-exhaustion of domestic remedies;
- held unanimously that there had been a violation of Article 6,
paragraph 1 (art. 6-1), of the Convention by reason of the unilateral
character (caractère non contradictoire) of the factual inquiry
carried out by the Supreme Court in examining the applicant's plea of
nullity;
- held by six votes to one that there had been no violation of
Article 14 taken together with Article 6, paragraphs 1 and 3.c
(art. 14+6-1, art. 14+6-3-c), by reason of the refusal to grant the
applicant leave to attend the appeal hearing before the Supreme Court;
- held unanimously that there had been no other violation of
Article 6 (art. 6), whether taken on its own or in conjunction with
Article 14 (art. 14+6);
- held unanimously that it was not necessary also to examine the case
under Article 13 (art. 13);
- held unanimously that Austria was to pay to the applicant, in
respect of costs and expenses, the sum of 5 000 United States dollars;
- rejected unanimously the remainder of the claim for just
satisfaction;
Having regard to the Rules adopted by the Committee of Ministers
concerning the application of Article 54 (art. 54) of the Convention;
Having invited the Goverment of Austria to inform it of the measures
which had been taken in consequence of the judgment of
19 December 1989, having regard to its obligation under Article 53
(art. 53) of the Convention to abide by it;
Having satisfied itself that the Government of Austria has paid the
applicant the sum provided for in the judgment,
Declares that it has exercised its functions under Article 54
(art. 54) of the Convention in this case.
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