CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 13 décembre 1991

.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 17 May 1985 by Mr. Justus Garzarolli against Austria (Application No. 12100/86);        Whereas on 19 May 1989 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 criminal proceedings instituted against him;        Whereas the Commission declared the application admissible on 9 December 1987 and in its report adopted on 11 April 1989 expressed unanimously the opinion that there had been a violation of Article 6, paragraph 1 (art. 6-1), of the Convention;        Whereas during the examination of the case the Committee of Ministers was informed that a friendly settlement has been reached between the applicant and the Government of Austria under the terms of which the applicant, who had been convicted, was granted a pardon by the President of the Austrian Republic on 14 August 1989;        Whereas the Committee of Ministers was also informed that both the applicant and the Government of Austria did not wish publication of the Commission's report in this case,        Finds that the solution reached is based on respect for human rights as defined in the Convention;        Decides therefore, under Rule 6 bis of the Rules adopted by the Committee of Ministers for the application of Article 32 (art. 32) of the Convention, to discontinue its examination of the present case.