CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 9 juin 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 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 Sekanina against Austria delivered on 25 August 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 21 April 1987 under Article 25 (art. 25) of the Convention by Mr Karl Sekanina, an Austrian national, who complained of a violation of his right to be presumed innocent because the Austrian courts had refused to award him compensation for wrongful detention as they found that, despite his acquittal in the criminal proceedings engaged against him, he was still the object of suspicion;        Recalling that the case was brought before the Court by the Commission on 10 July 1992;        Whereas in its judgment of 25 August 1993 the Court unanimously:        - held that Article 6, paragraph 2 (art. 6-2), was applicable in the case and that there had been a violation of that provision;        - held that the respondent state was to pay to the applicant, within three months, 110 000 Austrian schillings for costs and expenses;        - dismissed the remainder of the claim for just satisfaction;        Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 (art. 54) of the Convention;        Having invited the Government of Austria to inform it of the measures which had been taken in consequence of the judgment of 25 August 1993, having regard to its obligation under Article 53 (art. 53) of the Convention to abide by it;        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;        Having satisfied itself that on 6 October 1993 the Government of Austria has paid the applicant the sum provided for in the judgment of 25 August 1993,        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 (94) 49          Information provided by the Government of Austria           during the examination of the Sekanina case                  by the Committee of Ministers        Following the judgment of the Court in the Sekanina case, the Federal Ministry of Justice addressed to the Presidents of the Courts of Appeal and to the Public Prosecutors attached to the Courts of Appeal a circular note containing recommendations aiming at avoiding the repetition of the violation of Article 6, paragraph 2 (art. 6-2), found by the Court.   The Government of Austria is of the opinion that this measure is sufficient, in the light of the status of the Convention and of the Convention organs' jurisprudence in Austrian law, to ensure that the case-law of the Austrian courts will be in conformity with the requirements of Article 6, paragraph 2 (art. 6-2), of the Convention as interpreted by the Court.