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 3 July 1989 by Mr Hans Niesenbacher against Austria
(Application No. 15548/89);
Whereas on 13 October 1992 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 his application the applicant complained of the
length of certain criminal proceedings brought against him;
Whereas the Commission declared the application admissible
on 14 October 1991 and in its report adopted on 2 September 1992
expressed unanimously the opinion that there had been a violation
of Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas, at the 487th meeting of the Ministers' Deputies
held on 26 January 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 a violation
of Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas the Committee of Ministers examined the proposals
made by the Commission when transmitting its report as regards
just satisfaction to be awarded to the applicant, proposals
supplemented by a letter of the President of the Commission dated
10 September 1993;
Whereas on 15 October 1993 the Committee of Ministers held,
in accordance with Article 32, paragraph 2 (art. 32-2), of the
Convention, that the Government of Austria was to pay the
applicant within three months 90 000 Austrian schillings in
respect of non-pecuniary damage and 30 000 Austrian schillings
for costs and expenses;
Whereas the Committee of Ministers invited the Government
of Austria to inform it of the measures taken following its
decisions of 26 January and 15 October 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
26 November 1993 the Government of Austria paid the applicant the
sum of 120 000 Austrian schillings in respect of 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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