The Committee of Ministers, under the terms of Article 54 (art. 54) of
the Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter referred to as "the convention"),
Having regard to the judgment of the European Court of Human Rights in
the Sramek case, delivered on 22 October 1984 and transmitted the
same day to the Committee of Ministers;
Recalling that this case had its origin in an application against
Austria lodged on 19 September 1979 with the European Commission of
Human Rights under Article 25 (art. 25) of the convention by a United
States citizen, Mrs Vera Sramek, alleging violation of Article 6,
paragraph 1 (art. 6-1), of the convention because she had not received
a fair and public hearing by "an independent and impartial tribunal
established by law";
Recalling that this case had been brought before the Court by the
European Commission of Human Rights and by the Government of Austria;
Whereas in its judgment, the Court:
Holds by thirteen votes to two that there has been a violation of
Article 6, paragraph 1 (art. 6-1);
Holds unanimously that the respondent State is to pay to the
applicant one hundred thousand (100 000) schillings for costs and
expenses;
Rejects by fourteen votes to one the remainder of the claim for
just satisfaction;
Having regard to the "Rules concerning the application of Article 54
(art. 54) of the convention";
Having invited the Government of Austria to inform it of the measures
which had been taken in consequence of the judgment, having regard to
its obligation under Article 53 (art. 53) of the convention to abide
by its judgment;
Whereas, during the examination of this case by the Committee of
Ministers, the Government of Austria informed the Committee of the
measures taken in consequence of the judgment, which information is
summarised at the appendix to this resolution;
Having satisfied itself that the Government of Austria has paid to the
applicant the sum awarded by the Court in respect of costs and
expenses,
Declares, having taken note of the information supplied by the
Government of Austria, that it has exercised its functions under
Article 54 (art. 54) of the convention in this case.
Appendix to Resolution DH (85) 6
Information provided by the Government of Austria
during the examination of the Sramek case
by the Committee of Ministers
Following the judgment delivered by the European Court of Human Rights
on 22 October 1984, the Government of Austria has taken the following
measures:
1. The regional government of the Tyrol has altered the
organisation chart of the regional administration, by means of an
order dated 21 November 1984, the effect of which is that henceforth
the Division to which the rapporteur of the property transactions
authority belongs is separate from the Directorate headed by the
Controller of property transactions. The functions and services
performed by the rapporteur of the property transactions authority are
as a result no longer subordinate to that Controller.
A copy of the order in question has been forwarded to the Directorate
of Human Rights of the Council of Europe.
2. As for the sum of 100 000 schillings granted by the same
judgment of the Court for costs and expenses, that has been paid to
the applicant.