CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 15 octobre 1993

.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 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 case of K. against Austria delivered on 2 June 1993 and transmitted the same day to the Committee of Ministers;        Recalling that the case originated in an application against Austria lodged with the European Commission of Human Rights on 27 November 1989 under Article 25 (art. 25) of the Convention by Mr. K., an Austrian national, who complained inter alia of his conviction for having refused to testify in another trial for fear of incriminating himself;        Recalling that the Commission declared the application admissible on 18 February 1992 and in its report adopted on 13 October 1992 expressed the opinion, by seven votes to five, that Article 6 (art. 6) of the Convention was inapplicable to the proceedings imposing the fine; by ten votes to two, that there had been a violation of Article 10 (art. 10) of the Convention as regards the refusal to allow the applicant to remain silent; by eleven votes to one, that there had been no violation of Article 6, paragraph 1 (art. 6-1), on the same point, and, by ten votes to two, that there had been a violation of Article 5, paragraphs 1 and 4 (art. 5-1, art. 5-4), of the Convention;        Recalling that the case was brought before the Court by the Commission on 11 December 1992;        Whereas in its judgment of 2 June 1993 the Court, having taken formal note of a friendly settlement reached between the Government of Austria and the applicant, and having satisfied itself that there were no reasons of public policy (ordre public) necessitating the continuation of the proceedings, decided unanimously to strike the case off its list;        Whereas under the above-mentioned friendly settlement it was agreed that the Austrian Government would pay to the applicant 18 000 Austrian schillings as compensation for the detention plus 103 460,40 Austrian schillings for costs;        Recalling that Rule 49, paragraph 3, of the Court's Rules provides that the striking off of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers in order to allow it to supervise, in accordance with Article 54 (art. 54) of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;        Having invited the Government of Austria to inform it of the measures taken for the execution of the undertakings attached to the solution of the case;        Whereas, during the examination of the case by the Committee of Ministers, the Government of Austria gave the Committee information about the measures taken in consequence of the judgment, which information appears in the appendix to this resolution,        Declares, after 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 (93)42          Information provided by the Government of Austria    during the examination of the case of K. against Austria                  by the Committee of Ministers        The sums agreed upon under the terms of the friendly settlement were paid to the applicant on 21 May 1993.        The bill to amend the Code of Criminal Procedure, which was pending before Parliament at the time of the Court's judgment and to which the Court referred, inter alia, in paragraph 15 of its judgment, has been adopted in July 1993 (Strafprozeßänderungsgesetz 1993, Bundesgesetzblatt No. 526 of 30 July 1993).        Article 19 of this law provides inter alia:        "19. Article 152 shall read as follows:        'Article 152 (1) The following shall be exempted from the obligation to testify:        1. Persons who, through their statements, would expose themselves to the risk of criminal prosecution, or who run the risk of incriminating themselves, in connection with criminal proceedings brought against them, even when they have already been convicted;        [...]'".        This provision will enter into force on 1 January 1994 (Article IV (1) of the Law).