CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 4 mai 1995

.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 Friedl case delivered on 31 January 1995 and transmitted the same day to the Committee of Ministers;        Recalling that the case originated in an application (No. 15225/89) against Austria lodged with the European Commission of Human Rights on 5 June 1989 under Article 25 (art. 25) of the Convention by Mr Ludwig Friedl, an Austrian national, and that the Commission declared admissible the complaint that during a demonstration, the police had photographed him, checked his identity and taken down his particulars and that he had not had any effective remedy for his complaints under Article 8 (art. 8) of the Convention in respect of these measures;        Recalling that the case was brought before the Court by the Commission on 9 September 1994;        Whereas in its judgment of 31 January 1995 the Court, after having taken formal note of a friendly settlement reached by the Government of Austria and the applicant and having found that there were no reasons of public policy justifying the continuation of the proceedings, decided unanimously to strike the case out of its list:        Whereas under the above-mentioned friendly settlement it was agreed that:        "1. The Federal Government of the Republic of Austria will pay      to the applicant a sum amounting to altogether      148 787,60 Austrian schillings inclusive of all taxes as      compensation in respect of any possible claims relating to the      present application.   This sum includes 98 787,60 Austrian      schillings in respect of the counsel's fees and expenses      incurred in the domestic proceedings and before the Strasbourg      organs.        This amount will be paid to the applicant's counsel,      Mr Thomas Prader, in Vienna (...)        2. All the photographs in question including the negatives      will be destroyed by the Austrian Government.        3. The applicant declares his application settled.        4. The applicant waives any further claims against the Federal      Republic of Austria relating to the present application.        5. The Austrian Federal Government will take the necessary      steps to implement the terms of the friendly settlement within      one month after the Court has decided to strike the case out      of its list."        Recalling that Rule 49, paragraph 3, of the Rules of the Court provides that the striking out 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 satisfied itself that on 3 March 1995 the Government of Austria paid the applicant the sum provided for in the friendly settlement and that it had destroyed the photographs (including the negatives) mentioned in the friendly settlement,        Declares that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.