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 Lingens case, delivered on 8 July 1986 and transmitted the same
day to the Committee of Ministers;
Recalling that this case had its origin in an application against
Austria lodged on 19 April 1982 with the European Commission of Human
Rights under Article 25 (art. 25) of the convention by an Austrian
national, Mr Peter Michael Lingens, complaining of his conviction for
defamation through the press;
Recalling that this case had been brought before the Court by the
European Commission of Human Rights and by the Government of Austria;
Whereas in its judgment of 8 July 1986 the Court unanimously held that
there had been a breach of Article 10 (art. 10) of the convention and
that the Republic of Austria was to pay to the applicant
284 538,60 schillings as just satisfaction;
Having regard to the "Rules concerning the application of Article 54
(art. 54) of the convention";
Having invited the Government of Austria to inform it of the measures
which had been taken in consequence of the judgment, having regard to
its obligations under Article 53 (art. 53) of the convention to abide
by the judgment;
Whereas, during the examination of the case by the Committee of
Ministers, the Government of Austria informed the Committee of the
measures taken in consequence of the judgment, this information being
summarised in the appendix to this resolution;
Having satisfied itself that the Government of Austria has paid to the
applicant the sum under Article 50 (art. 50) of the convention
provided for in the judgment of the Court of 8 July 1986,
Declares that it has exercised its function under Article 54 (art. 54)
of the convention in this case.
Appendix to Resolution DH (87) 2
Information provided by the Government of Austria
during the examination of the Lingens case
by the Committee of Ministers
In Austria, the substantive provisions of the European Convention on
Human Rights are part of Austrian constitutional law. Austrian law,
including Article 111 of the Penal Code, will henceforth have to be
interpreted and applied in accordance with Article 10 (art. 10) of the
European Convention on Human Rights, as interpreted by the European
Court of Human Rights in the Lingens case.
The judgment of the European Court of 8 July 1986 has been brought to
the attention of the competent courts.
The sum provided for in the judgment of the European Court of Human
Rights as just satisfaction has been paid to the applicant.