Cause Buwog: Grasser Goes to the European Court of Human Rights After Supreme Court Ruling

In Austria, Grasser and Meischberger have no further legal remedies available, but they can still appeal to the European Court of Human Rights (ECHR). Both announced after the OGH's decision that they would file a complaint with the ECHR.

Grasser goes to the European Court of Human Rights after OGH ruling: Questions and Answers

What is the ECHR?

The European Court of Human Rights was established in 1959 in Strasbourg by the member states of the Council of Europe. It is intended to ensure compliance with the European Convention on Human Rights, which, among other things, guarantees the "right to a fair trial," and can legally bind and convict Council of Europe states if necessary. The 46 member countries include all 27 EU states - including Austria. The ECHR currently has 46 judges, corresponding to the number of members.

Who can appeal to the ECHR and how does it work?

Once all appeal options at the national level have been exhausted, any individual can bring a case against any of the 46 member states to the ECHR. Grasser and Meischberger believe that the court proceedings in Austria were "not fair" and therefore their human rights were violated. They criticize the lengthy investigation and trial duration of nearly 16 years, as well as the judge of the first court, Marion Hohenecker, as being biased. The complaint must be filed with the ECHR within four months of the last national decision.

How long do proceedings at the ECHR usually take?

The ECHR states that it is "impossible" to provide general information about the length of a proceeding. However, it strives to address a complaint within three years, according to its website. More than 50,000 complaints are received each year. Experience shows that proceedings, especially when they are complex, take several years. Grasser and Meischberger will soon have to serve their multi-year prison sentences, and the ECHR will not be able to address the matter in time. Going to the ECHR does not have a suspensive effect on imprisonment.

Can the ECHR prevent prison sentences?

No. However, if the ECHR finds a violation of the European Convention on Human Rights, it can oblige the affected state to take appropriate measures for redress. This usually involves financial compensation for the affected individual, or the state must reopen the proceedings at the national level, if possible under national law. The judgments made by the ECHR are legally binding for the affected states - in this case, Austria.

(APA/Red)

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