CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 21 mars 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 Schwabe against Austria delivered on 28 August 1992 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 1 February 1988 under Article 25 (art. 25) of the Convention by Mr Thomas Uwe Schwabe, an Austrian national, who complained that his conviction for defamation and for having reproached a person with a previous criminal offence had been in breach of his right to freedom of expression;        Recalling that the case was brought before the Court by the Commission on 8 March 1991;        Whereas in its judgment of 28 August 1992 the Court:        - held by seven votes to two that there had been a violation of Article 10 (art. 10) of the Convention;        - held unanimously that, as regards the non-pecuniary damage alleged, the judgment constituted sufficient just satisfaction for the purposes of Article 50 (art. 50);        - held unanimously that the Republic of Austria was to pay to the applicant, within three months, 35 242,42 Austrian schillings for pecuniary damage and 130 402,20 Austrian schillings for costs and expenses;        - dismissed unanimously 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 28 August 1992, having regard to Austria's 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 14 October 1992 the Government of Austria has paid the applicant the sums provided for in the judgment of 26 August 1992,        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) 23          Information provided by the Government of Austria during the examination of the Schwabe case by the Committee of Ministers        A German translation of the judgment of the Court has been brought to the attention of the judicial authorities concerned. The case-law of the Austrian courts has also adapted the interpretation of the crime of defamation (Article 111 of the Criminal Code) to the requirements of the Convention as interpreted by the European Court of Human Rights (see the judgment of the Supreme Court (Oberster Gerichtshof) of 18 May 1993 (11 OS 25/93-6)).        The sums awarded by the Court have been paid to the applicant on 14 October 1992.   Furthermore the applicant's conviction has been deleted from his criminal record.