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 Herczegfalvy case delivered on 24 September 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 27 November 1978 under Article 25 (art. 25) of the Convention by Mr Istvan Herczegfalvy, a Hungarian national, who complained of the unlawfulness, length and condition of his detention and of the medical treatment carried out during it;        Recalling that the case was brought before the Court by the Commission on 19 April 1991;        Whereas in its judgment of 24 September 1992 the Court unanimously:        - held that there had not been a violation of Article 5, paragraphs 1 and 3 (art. 5-1, art. 5-3);        - held that there had been a violation of Article 5, paragraph 4 (art. 5-4);        - held that there had not been a violation of Article 3 (art. 3);        - held that there had been a violation of Article 8 (art. 8) with respect to the applicant's correspondence, but not with respect to the medical treatment undergone by him;        - held that there had been a violation of Article 10 (art. 10);        - held that it was not necessary also to examine the case from the point of view of Article 13 (art. 13);        - held that the respondent state was to pay the applicant, within three months, 112 000 Austrian schillings and 8 000 Deutschmarks, less 22 971 French francs;        - 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 24 September 1992, 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 the Government of Austria has paid the applicant's curator, within the time-limit set, the sums provided for in the judgment,        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) 48         Information provided by the Government of Austria       during the examination of the case of Herczegfalvy                  by the Committee of Ministers        The Government of Austria considers that the following measures are apt to prevent the repetition of the violations found by the Court in the present case.        The judgment of the Court has been transmitted by the Government to the domestic courts concerned and the Government is of the opinion that these will not fail to respect, in the light of the status of the Convention and of the jurisprudence of the Convention organs in Austrian law, their obligation to respect Article 5, paragraph 4 (art. 5-4), of the Convention by taking a decision within the time-limit set out under Article 25, paragraph 3, of the Criminal Code.        As to the violations of Articles 8 and 10 (art. 8, art. 10) of the Convention found by the Court, the following measures are of relevance:        Article 51, paragraph 1, of the Hospitals Act (Krankenanstaltengesetz) has been deleted (BGBl 157/1990) and replaced with more precise provisions.        Article 34 of the Act on the Placement of the Mentally Ill (Unterbringungsgesetz) provides (BGBl Nr. 155/1990) that as from 1 January 1991 the correspondence between the patient and his counsel may no longer be hindered and that the patient's right to correspond with other persons may only be limited to the extent necessary to protect the patient's health.   As from 1 January 1994 these provisions apply also to convicted persons placed in mental hospitals in accordance with a new Article 167.a in the Law on the Enforcement of Sentences (Strafvollzugsgesetz - BGBl Nr. 799/1993).        The new Article 167.a also provides that persons serving their sentences in mental hospitals may see their contacts with the outside world restricted only to the extent that such contacts would create a risk that the person concerned would commit new crimes.        As of 1 January 1994 Article 58 of the Law on the Enforcement of Sentences (BGBl Nr. 799/1993) provides that the detainees should have access to, inter alia, reading material and to television and radio.        The sums awarded by the Court have been paid to the applicant's curator within the time-limit set by the Court.