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 2 May 1985 by Mr Hannes Mlynek
against Austria (No. 11688/85);
Whereas on 21 April 1988 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
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 the applicant complained inter alia that
the length of criminal proceedings brought against him was not
"reasonable" within the meaning of Article 6, paragraph 1
(art. 6-1), of the Convention;
Whereas the Commission declared the application admissible on
16 October 1986 as regards the issue of the length of proceedings and
in its report adopted on 10 March 1988 expressed unanimously the
opinion that there had been a violation of Article 6, paragraph 1
(art. 6-1), of the Convention in that the applicant's case was not
heard 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 concerning just
satisfaction for the applicant,
Decides, having voted in accordance with the provisions of
Article 32, paragraph 1 (art. 32-1), of the Convention, that there
has been a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention in this case;
Recommends, under Rule 5 of the Rules adopted by the Committee of
Ministers for the application of Article 32 (art. 32) of the Convention,
that the Government of Austria pay to the applicant the sum
of 275 000 Austrian schillings as just satisfaction for material
losses and non-pecuniary damage;
Decides, therefore, that no further action is called for in this case.