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 31
January 1993 by Mr M. S. against Austria
(Application No. 22048/93);
Whereas on 24 November 1995 the Commission transmitted the said report to
the Committee of Ministers and whereas the case has not been referred to the
European Court of Human Rights, either by the Commission or by a state entitled
to do so under Article 48
(art. 48) of the Convention, within the time-limit of three months from the
transmission of the report to the Chairman of the Committee of Ministers;
considering, however, that within this time-limit, the applicant seized the
Court in accordance with Protocol No. 9 (P9) but that the screening panel of the
Court decided on 23 April 1996 that this case would not be considered by the
Court; whereas the Committee of Ministers is therefore now called upon to take a
decision in accordance with Article 32
(art. 32) of the Convention and with Article 48 (art. 48) of the Convention as
amended by Article 5 of Protocol No. 9 (P9-5) for those states having ratified
the latter;
Whereas in his application, as declared admissible by the Commission on 11
January 1995, the applicant, a prisoner, complained that the refusal of
permission to correspond with a former prisoner was not justified;
Whereas in its report the Commission expressed, by thirteen votes to one,
the opinion that there had been a violation of Article 8 (art. 8), of the
Convention and, unanimously, that no separate issue arose under Article 10 (art.
10), of the Convention;
Whereas, at the 567th meeting of the Ministers' Deputies held on 14 June
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 8 (art. 8), of the Convention and that no separate issue arose under
Article 10 (art. 10), 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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