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 26 February 1986 by Mrs L.K. against Austria
(Application No. 12883/87);
Whereas on 25 June 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 her application the applicant complained inter
alia of the excessive length of certain civil proceedings;
Whereas the Commission declared the application in part
admissible on 14 October 1991 and in its report adopted on
5 May 1993 expressed unanimously the opinion that there had been
a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention;
Whereas, at the 501st meeting of the Ministers' Deputies
held on 9 November 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 also examined the
proposals made by the Commission when transmitting its report on
25 June 1993, as regards just satisfaction to be awarded to the
applicant;
Whereas at the said 501st meeting the Committee of Ministers
held, in addition, in accordance with Article 32, paragraph 2
(art. 32-2), of the Convention, that the Government of Austria
was to pay the applicant as just satisfaction, within three
months, 135 000 Austrian schillings;
Whereas the Committee of Ministers invited the Government
of Austria to inform it of the measures taken following its
decisions of 9 November 1993, having regard to Austria'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
28 April 1994, the Government of Austria paid the applicant the
sum of 135 000 Austrian schillings as just satisfaction,
Declares, having taken note of the measures taken by the
Government of Austria, 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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