CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 3 février 1994

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }       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 3 July 1989 by Mr Hans Niesenbacher against Austria (Application No. 15548/89);        Whereas on 13 October 1992 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 the applicant complained of the length of certain criminal proceedings brought against him;        Whereas the Commission declared the application admissible on 14 October 1991 and in its report adopted on 2 September 1992 expressed unanimously the opinion that there had been a violation of Article 6, paragraph 1 (art. 6-1), of the Convention;        Whereas, at the 487th meeting of the Ministers' Deputies held on 26 January 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 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 10 September 1993;        Whereas on 15 October 1993 the Committee of Ministers held, in accordance with Article 32, paragraph 2 (art. 32-2), of the Convention, that the Government of Austria was to pay the applicant within three months 90 000 Austrian schillings in respect of non-pecuniary damage and 30 000 Austrian schillings for costs and expenses;        Whereas the Committee of Ministers invited the Government of Austria to inform it of the measures taken following its decisions of 26 January and 15 October 1993, 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 26 November 1993 the Government of Austria paid the applicant the sum of 120 000 Austrian schillings in respect of 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.