Refusal by national authorities to erase convictions from a criminal record. Revision of an ECtHR decision
Ε.Β. and others v. Austria 14.6.2018 (no. 31913/07, 38357/07, 48098/07, 48777/07 and 48779/07)
Refusal by national authorities to remove and erase convictions from a criminal record of applicants. Infringement of Article 14 (non-discrimination), Article 8 (right to respect for private and family life) and Article 13 (right to an effective remedy.
The case concerned a request for the revision of a judgment of the European Court of Human Rights
with regard to a complaint brought by four Austrian nationals about the domestic authorities’
refusal to delete their convictions from their criminal records. They had all in the past been
convicted of the offence of having, as a male adult, had consensual sexual relations with a male
minor aged between 14 and 18 years.
In a judgment delivered on 7 November 2013, the Court held that there had been a violation of
Article 14 (prohibition of discrimination) read in conjunction with Article 8 (right to respect for
private and family life) and a violation of Article 13 (right to an effective remedy) of the European
Convention on Human Rights. It awarded 5,000 euros (EUR) to each of the four applicants in respect
of non-pecuniary damage, and EUR 11,000 to Mr E.B., EUR 16,000 to Mr H.G. and EUR 9,000 each to
Mr A.S. and Mr A.V. in respect of costs and expenses.
On 16 November 2013 Mr E.B.’s lawyer requested a rectification or revision of the judgment as
regards the award made to his client for costs incurred in the domestic proceedings.
THE DECISION OF THE COURT
In its judgment today the Court decided to revise its judgment of 7 November 2013 concerning Mr
E.B.’s application as regards the award of costs and expenses. It held that Austria was to pay him
13,500 EUR in respect of costs and expenses(echrcaselaw.com editing).