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 18 May 1987 by Mr. P. against Austria (Application
No. 13017/87);
Whereas on 28 August 1989 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 criminal proceedings instituted against him;
Whereas the Commission declared the application admissible
on 14 December 1988 and in its report adopted on 4 July 1989
expressed unanimously the opinion that there had been a violation
of Article 6, paragraph 1 (art. 6-1, of the Convention;
Whereas, during the examination of the case, the Committee
of Ministers was informed that a friendly settlement had been
reached on 6 March 1990 between the applicant and the Government
of Austria under the terms of which the applicant would receive
49 000 Austrian shillings in respect of costs and expenses and
non-pecuniary damage;
Having satisfied itself that the sum agreed was paid to the
applicant on 21 June 1990,
Finds that the solution reached is based on respect for
human rights as defined in the Convention;
Decides therefore, under Rule 6 bis of the Rules adopted by
the Committee of Ministers for the application of Article 32
(art. 32) of the Convention, to discontinue its examination of
the present case.
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