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 29 May 1989
by MM. Erwin and Robert Schiansky against Austria
(Application No. 15062/89);
Whereas on 24 August 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 their application, as declared admissible by the
Commission on 1 April 1992 (final decision as to the
admissibility), the applicants complained of the excessive length
of certain criminal proceedings;
Whereas in its report adopted on 30 June 1993, the Commission
expressed, unanimously, the opinion that there had been a violation
of Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas, at the 505th meeting of the Ministers' Deputies held
on 6 January 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 8 July 1994;
Whereas, at the 517th meeting of the Deputies held
on 20 September 1994, 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 as just
satisfaction, within three months, to Mr Erwin Schiansky the sum of
60 000 Austrian schillings and to Mr Robert Schiansky the sum of
50 000 Austrian schillings, namely a total sum of 110 000 Austrian
schillings;
Whereas the Committee of Ministers invited the Government of
Austria to inform it of the measures taken following its decisions
of 6 January and 20 September 1994, 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 October 1994 the Government of Austria paid the applicants
the total sum of 110 0000 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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