CAN v. AUSTRIA JUGDMENT
5
separate opinion contained in the report is reproduced as an annex to the
present judgment.
AS TO THE LAW
14. The Government and the applicant have arrived at the following
friendly settlement (see paragraph 5 above):
"1. Payment to the applicant of lump-sum compensation of 100,000 Austrian
Schillings.
2. Payment, in respect of costs and expenses incurred in the domestic proceedings,
of lump-sum compensation of 54,336.62 Austrian Schillings.
3. The above-mentioned compensation will be paid by the Austrian Federal
Government, through Mr. Rudolf Zitta, not later than one month after conclusion of
the settlement. The settlement will enter into force when Mr. Rudolf Zitta informs the
Ministry of Foreign Affairs that the applicant Elvan Can has accepted the settlement
proposal.
In addition, the Austrian Federal Government undertake to reimburse Mr. Elvan
Can for any scale fees which he may have to pay in Austria for the settlement, such
payment to be made within one month of the fixing of those fees.
4. Authorisation by the Austrian National Bank for the remittance to Mr. Elvan Can,
in Turkey, of the lump-sum compensation of 100,000 Austrian Schillings will be
produced.
5. The Austrian Federal Government have no objection to the publication, in
appropriate form, of the decision of the European Commission of Human Rights (no.
9300/81) and of the friendly settlement.
6. The applicant was granted legal aid for the proceedings before the European
Commission and Court of Human Rights and will retain the benefit thereof after
termination of the proceedings before the Court by means of a settlement. The
applicant’s costs and expenses in the Strasbourg proceedings are therefore not covered
by the settlement.
If the applicant’s costs and expenses in the proceedings before the European Court
of Human Rights and in the negotiations leading to the friendly settlement are not paid
under the legal-aid scheme, the Austrian Federal Government undertake to reimburse
the applicant for these items as well (Mr. Elvan Can, care of his lawyer, Mr. Rudolf
Zitta).
Within the framework of the complete reform of the Code of Criminal Procedure
which is in preparation, the Austrian Federal Government will propose to the
legislative assemblies new rules on the supervision of consultations between a suspect
in detention on remand and his lawyer when there is a danger of suppression of
evidence (Article 45 para. 3 of the Code of Criminal Procedure). When so doing, they