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 10 April 1990 by Mr Stefan Toth against Austria
(Application No. 16704/90);
Whereas on 16 February 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 9 December 1991, the applicant complained of the
excessive length of certain criminal proceedings brought against
him;
Whereas in its report adopted on 8 January 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 495th meeting of the Ministers' Deputies,
held on 11 June 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 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
11 March 1994;
Whereas, at the 512th meeting of the Deputies, held
on 3 May 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 the applicant as just
satisfaction, within three months, 10 000 Austrian schillings for
non-pecuniary damage and 20 000 Austrian schillings for costs and
expenses, that is a total sum of 30 000 Austrian schillings;
Whereas the Committee of Ministers invited the Government
of Austria to inform it of the measures taken following its
decisions of 11 June 1993 and 3 May 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
16 June 1994 the Government of Austria paid the applicant the
total sum of 30 000 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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