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
11 July 1988 by Mr Karl Rezek against Austria
(Application No. 14184/88);
Whereas on 28 October 1993, 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, declared admissible by the
Commission on 16 October 1991, the applicant complained of the
excessive length of criminal proceedings;
Whereas in its report adopted on 1 September 1993 the
Commission expressed, by six votes to three, the opinion that there
had been a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention;
Whereas, at the 510th meeting of the Ministers' Deputies held
on 22 March 1994, 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 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 13 April 1995;
Whereas, at the 539th meeting of the Deputies held on
7 June 1995, the Committee of Ministers decided, in accordance with
Article 32, paragraph 2 (art. 32-2), of the Convention, that the
Government of Austria was to pay the applicant as just
satisfaction, within three months, 50 000 Austrian schillings in
respect of non-pecuniary damage, costs and expenses;
Whereas the Committee of Ministers invited the Government of
Austria to inform it of the measures taken following its decisions
of 22 March 1994 and 7 June 1995, 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
18 July 1995, within the time-limit set, the Government of Austria
paid the applicant the total sum of 50 000 Austrian schillings as
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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