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Manual Les arts premiers: « Que sais-je ? » n° 3817 (French Edition)

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Individual measures : The European Cour t awarded just satisfaction in respect of non-pecuniary damage sustained by the applicant. General measures :.

Grand Angle: Pablo Picasso, Passion et "magie" des arts premiers

The Austrian authorities submit that information sheets for detainees under the Aliens Act currently applicable have been translated into various languages and are available to police authorities and detention centres via the Intranet site of the Ministry of Interior. This ensures that police officers can issue information to detainees promptly upon their arrest. When foreigners are questioned by the Aliens authorities shortly after their arrest, an interpreter is always present to explain the reason for the detention, any further steps to be taken and answer specific questions.

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Members of these organisations have the linguistic skills to guarantee effective communication with foreigners. In addition, on the initiative of the Human Rights Advisory Board Menschenrechtsbeirat a project is currently being put in place which will provide improved electronic information for download by foreigners in 40 languages short video demonstrations and information about reasons for arrest and access to legal advice, including an appeal against detention pending expulsion Schubhaftbeschwerde and the return.

The Deputies decided to resume consideration of this item at the latest at their DH meeting in June , in the light of information to be provided on general measures. The cases concern the unnecessary restriction of the applicants' right to freedom of religion due to a discriminatory decision to confer upon the applicant communities an inferior grade of legal personality. The Constitutional Court subsequently quashed that decision.

From that point, they had legal standing before the Austrian courts and authorities and were allowed to acquire and manage assets in their own name, establish places of worship and disseminate their beliefs. The applicants in both cases nonetheless brought a second set of proceedings, still requesting recognition as a religious society. The Court accepted as regards both cases that making a religious community wait for ten years before granting it the status of a religious society could be necessary in exceptional circumstances such as in the case of newly established and unknown religious groups.

The authorities should have been able to verify much more quickly whether the requirements of the relevant legislation had been fulfilled, as they had done in respect of The Coptic Orthodox Church. Individual measures : In both cases the European Court awarded just satisfaction in respect of non-pecuniary damage.

In July , the year waiting period expired as regards the first applicants. They may lodge a new request for recognition a s a religious society. The Religious Communities Act provides the registration of religious groups as religious communities and grants them a legal status. No further general measure seems necessary in this respect.

The recognition in of The Coptic Orthodox Church, which had also been registered as a religious community in , demonstrates that the year waiting period is not applied in all cases by t he Austrian authorities. The Deputies decided to resume consideration of these items at the latest at their th meeting December DH in the light of information to be provided on general measures.

In June , the newspaper Zur Zeit published a letter by its chief editor alleging that the applicant had caused the suicide of a professor by criticising his anti-Semitic publications. The domestic courts held that the article at issue contained a value judgment which relied on a sufficient factual basis.

Even if the statement were to be understood as a value judgment it lacked a sufficient factual basis and no proof had been offered for the alleged factual link. Individual measures : The European Court awarded the applicant just satisfaction in respect of non-pecuniary damage sustained and reimbursed him costs and expenses incurred in the domestic proceedings and before the Court. Moreover, reopening proceedings against the previously acquitted chief editor would infringe the principle of reformatio in peius applicable in criminal proceedings Article b 3 , in fine , of the Code of Criminal Procedure.

In this case the European Court noted that the right to freedom of expression had been interpreted too narrowly by the Austrian Courts and found a violation of Article It is planned to continue these training courses, as well as to make a study visit to the European Court. The Deputies decided to resume consideration of this item at the latest at their th meeting December DH , following bilateral contacts under way on the assessment of the need for further individual and general measures.


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The Ortner case concerns land consolidation proceedings. The Court noted in particular the following two lengthy periods attributable to the authorities: some ten months before the Municipal Council, and two years and eight months before the Constitutional Court, before which there was a period of inactivity of almost two years. The European Court noted in particular two lengthy periods of inactivity before the Administrative Court, namely between September and March , and between July and June , amounting to a total delay of two years and five months. Individual measures : The European Court awarded just satisfaction in respect of non-pecuniary damage sustained by the applicants in all cases.

Except for the Ortner case, the domestic proceedings are closed. Final Resolution ResDH 77 for which the Austrian Parliament adopted the Administrative Reform Act , which entered into force on 20 April and aims at alleviating the case-load of the Administrative Court and accelerating administrative proceedings. This information is being assessed. Therefore the excessive length in the Riepl case seems to be an isolated incident resulting from the particular circumstances.

As the violation in this occurred after the adoption of these measures, publication and dissemination of the European Court's judgment to the Administrative Court seem to be necessary. The Deputies decided to resume consideration of these items at the latest at their th meeting December DH in the light of the assessment of the information provided on general measures, and further information to be provided on individual measures in the Ortner case.

Furthermore, the applicant had no effective remedy against the delays. The case had been pending before the two highest courts for more than five years, namely for two years and some six months each before the Constitutional Court and the Administrative Court. In respect of these delays, the applicant had no effective remedy at his disposal. The Schutte, Stempfer, Vitzthum and Schneider cases concerned the length of administrative criminal proceedings for driving offences.

In Schutte, proceedings lasted for five years, during which there was a period of inactivity of two years before the Administrative Court. In Stempfer, the proceedings lasted for seven years and two and a half months during which time the case had been pending before the Constitutional Court for three and a half years, and there was a period of inactivity for more than two years before the Administrative Court. In Vitzthum, proceedings lasted for four years and two months, including a period of complete inactivity for more than three years before the Administrative Court.

In Schneider, proceedings lasted for four years and eight months, during which time the case was pending for three years before the Administrative Court. Furthermore, the European Court found in all these cases that the applicants had no effective remedy - either acceleratory nor compensatory - at their disposal. In the Bartenbach case, proceedings against the applicants concerning illegal employment of foreigners began in July and September and ended in May with the notification of the Administrative Court's judgment five years and nearly ten months, and four years and nine months.

The case had been pending for three years and two months before the Administrative Court. The case had been pending before the Administrative Court for more than two years. There was a period of inactivity of one year and eight months before the Administrative Court. Individual measures : The proceedings are closed in all cases. The European Court awarded just satisfaction in respect of non-pecuniary damage, except in Jancikova where no claim had been made to this end.

Furthermore, the absolute number of cases pending for an excessive time more than 3 years before the Administrative Court has increased over the last year. Also, the high number of recent complaints means that excessive length of proceedings remains an issue ibidem, p.

To reduce the workload of the Administrative Court, a new Asylum Court, which is dealing with asylum cases, has been set up. Those cases accounted for a considerable part of the workload of the Administrative Court. The first period of two years seems to be an isolated incident resulting from the particular circumstances of the case.

The second lengthy period occurred between the public pronouncement and the written service of the decision. The Court noted that Austrian law did not provide a time-limit for the notification of a decision after its pronouncement. Therefore the excessive length in the cases of Hauser-Sporn and Stempfer seem to be isolated incidents resulting from the particular circumstances.

Thus, the violation in this case resulted from a single lapse occurring before the Administrative Court. The Deputies decided to resume consideration of these items at the latest at their th meeting December DH , in the light of the Secretariat's assessment on the information provided and further information to be provided on general measures.

Furthermore, while pending before the courts the case was not dealt with from the end of until The case also concerns the lack of an effective remedy for the applicant to complain about the excessive length violation of Article The applicant could have made use of section 91 of the Austrian Courts Act during the proceedings before the Regional Court, which could be regarded as an effective remedy. However, the Court's finding of a violation of Article 6 had in particular regard to the substantial delays occurred before the investigating authorities where the applicant had no remedy at his disposal to speed up the proceedings.

Individual measures : The proceedings are over. The European Court made no award of just satisfaction in the absence of a request by the applicant. Individual measures : It is recalled that the Committee's consistent position in cases where a procedural violation of Article 3 is found is that there is a continuing obligation to conduct investigations.

General measures : The European Court recalled that. As regards the substantive violation of Article 3, the Court noted that the applicant's allegations were corroborated by sufficiently strong and concordant evidence and that the applicant's injuries resulted from unnecessary and excessive use of force by the police.


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As regards the procedural violation of Article 3, the Court noted, among other things, that:. No explanation was offered to justify these delays;. The case concerns torture inflicted on the applicant, Secretary General of the Democratic Party of Azerbaijan at the material time, while he was in police custody in October , in the Organised Crime Unit temporary detention facility OCU violation of Article 3.

The case also concerns the absence of an effective investigation into the applicant's allegations of ill-treatment violation of Article 3 in particular in that the authorities failed to secure the forensic evidence in a timely manner and the ensuing criminal investigation was not satisfactory. Finally, the case concerns a breach to the right to an effective remedy violation of Article 13 , because the domestic courts simply endorsed the criminal investigation, without independently assessing the facts of the case.

As regards the absence of an effective investigation into the applicant's allegations of ill-treatment, the Court noted in particular that:. The Committee's consistent position in this kind of cases is that there is a continuing obligation to conduct investigations where a procedural violation of Article 3 is found.

General measures. The Office of the Ombudsperson has a right to make unplanned urgent visits to places of detention. It handles complaints relating to human rights violations in prisons, has the power to conduct direct visits to prisons, meet individually with prisoners, examine prison conditions, and request relevant documentation. Article 19 of the Code of Criminal Procedure provides that prosecuting authorities shall ensure the access of any suspect or accused person to a lawyer from the moment of detention or arrest.

A draft law on the rights of suspects and accused persons is being examined by Parliament, which will ensure respect for the human rights and fundamental freedoms of detainees in accordance with the Constitution of the Republic of Azerbaijan and international human rights treaties to which the Republic of Azerbaijan is party. An update of the other information given under this head violation of Article 3 would be welcomed. This Manual will provide concrete actions and measures to be taken in cases of ill-treatment.

Moreover, an update of the statistics on investigations of ill-treatment would be welcome. The judgment has been sent out to the Ministry of Internal Affairs for distribution among its subordinate structures, to judges and other legal professionals and included in the curricula for the training of judges, prosecutors and candidates for the position of judge see below. The judgment has been sent out to the Ministry of Internal Affairs for distribution among its subordinate structures, to judges and other legal professionals and included in the curricula for the training of judges, prosecutors and candidates for the position of judge.

The European Court reiterated, in this respect, that an accused in criminal proceedings should be entitled to have his case conducted with special diligence and that, in criminal matters, Article 6 is designed to avoid a person charged remaining too long in a state of uncertainty about the outcome of the proceedings. Individual measures The European Court awarded just satisfaction to the applicant in respect of non-pecuniary damage. The proceedings are closed. No information has been provided as to whether the prosecution had complied with their duties under the Code of Criminal Procedure CCP and taken the necessary measures to find the co-accused and the other missing persons and thus eliminate the ground for the continued suspension of the proceedings;.

Neither the domestic authorities, in their respective decisions, nor the government have advanced any plausible explanation as to the reasons for not choosing this procedural alternative;.

The judgment has been sent out to judges in particular judges of Courts of Appeal and other legal professionals, as well as being included in the curricula for the training of judges, prosecutors and candidates to the position of judge.