W.S. AGAINST AUSTRIA



     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

22 July 1992 by Mr W.S. against Austria

(Application No. 20566/92);

     Whereas on 21 February 1995, the Commission transmitted the

said report to the Committee of Ministers and whereas the case has

not been referred to the European Court of Human Rights, either by

the Commission or by a state entitled to do so under Article 48

(art. 48) of the Convention, within the time-limit of three months

from the transmission of the report to the Chairman of the

Committee of Ministers provided for in Article 32, paragraph 1

(art. 32-1), of the Convention; whereas, however, within this

time-limit, the applicant seized the Court in accordance with

Protocol No. 9, but considering that the screening panel of the

Court decided on 13 September 1995 that this case would not be

considered by the Court, the Committee of Ministers is now called

upon to take a decision in accordance with Article 32 (art. 32) of

the Convention and with Article 48 (art. 48) of the Convention as

amended by Article 5 of Protocol No. 9 (P9-5) for those states

having ratified the latter;

     Whereas in his application, declared admissible by the

Commission on 8 March 1994, the applicant complained of the

excessive length of certain criminal proceedings;

     Whereas in its report adopted on 11 January 1995 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 549th meeting of the Ministers' Deputies held

on 17 November 1995, 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,

     Authorises the publication of the report adopted by the

Commission in this case;

     Decides to pursue the examination of the present case in

accordance with Article 32 (art. 32) of the Convention with a view

to adopting the final resolution.

 

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