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ÖHLINGER v. AUSTRIA

Doc ref: 21444/93 • ECHR ID: 001-45858

Document date: January 14, 1997

Inbound citations: 5
•
Cited paragraphs: 1
•
Outbound citations: 0

ÖHLINGER v. AUSTRIA

Doc ref: 21444/93 • ECHR ID: 001-45858

Document date: January 14, 1997

Cited paragraphs only

EUROPEAN COMMISSION OF HUMAN RIGHTS

Application No. 21444/93

Rudolf-Peter Öhlinger

against

Austria

REPORT OF THE COMMISSION

(adopted on 14 January 1997)

TABLE OF CONTENTS

Page

I. THE PARTIES . . . . . . . . . . . . . . . . . . . . . . . . . 1

(paras. 1-3)

II. SUMMARY OF THE FACTS. . . . . . . . . . . . . . . . . . . . . 1

(paras. 4-5)

III. THE PROCEEDINGS BEFORE THE COMMISSION . . . . . . . . . . . . 1

(paras. 6-14)

IV. THE DECISION OF THE COMMISSION. . . . . . . . . . . . . . . . 3

(paras. 15-17)

ANNEX: DECISION ON THE ADMISSIBILITY. . . . . . . . . . . . . . 4

I. THE PARTIES

1. This Report, which is drawn up by the Commission in accordance with

Article 30 para. 1 of the Convention, concerns the application brought

by Rudolf-Peter Öhlinger against Austria. The applicant was an Austrian

citizen born in 1946. He was retired and at the time of the events was

serving a prison sentence at the Graz-Karlau prison.

2. In the proceedings before the Commission the applicant was

represented by Mr. H. Hofstätter, a lawyer practising in Graz.

3. The respondent Government were represented by their Agent,

Mr. C. Cede, Ambassador, Head of the International Law Department at

the Federal Ministry of Foreign Affairs.

II. SUMMARY OF THE FACTS

4. The facts of the case are set out in the Commission's decision on

admissibility of 2 July 1996, attached hereto as an appendix, and can

be summarised as follows:

5. In August 1990 the applicant was arrested and taken into detention

on remand. In January 1991 the Ried Regional Court (Landesgericht)

convicted him of bodily harm. The applicant introduced appeal

proceedings and requested his release from detention on remand. The

request for release was dismissed. In February 1991 the Linz Court of

Appeal (Oberlandesgericht) dismissed the applicant's appeal against the

refusal to release him from detention on remand but noted that in the

course of his arrest and being taking into detention on remand several

provisions of the Code of Criminal Procedure had been disregarded.

Thereupon the applicant introduced an official liability action in

which he requested compensation for unlawful detention on remand. His

action was dismissed and appeal proceedings remained unsuccessful. The

applicant complained to the Commission about the unlawfulness of his

detention on remand in several respects and the refusal by the Austrian

authorities of his compensation claim regarding his detention on

remand.

III. THE PROCEEDINGS BEFORE THE COMMISSION

6. The application was introduced on 23 November 1992 and registered

on 26 February 1993.

7. On 12 October 1994 the Commission decided to communicate the

application to the respondent Government, pursuant to Rule 48

para. 2 (b) of the Rules of Procedure.

8. On 7 December 1994 the Commission granted the applicant legal

aid.

9. On 27 January 1995 the Government submitted their observations.

The observations in reply by the applicant were submitted on

11 February 1995. On 26 April 1995 these observations were supplemented

by counsel after the time-limit set for this purpose had expired.

10. On 2 July 1996 the Commission declared admissible the applicant's

complaints under Article 5 paras. 1 and 5 of the Convention and

declared inadmissible the remainder of the application.

11. By letter of 1 September 1996 the applicant informed the

Commission that he would be interested in a friendly settlement of the

case. The Secretariat's letter in reply of 18 September 1996 was

returned with the comment "deceased".

12. On further enquiry by the Secretariat with the parties, the

Government, on 6 November 1996, informed the Commission that on

15 September 1996 the applicant had died. On 11 November 1996 the

applicant's lawyer confirmed this information and submitted further

that no possible heirs of the applicant were known.

13. On 14 January 1997 the Commission decided to strike the present

application out of its list of cases, pursuant to Article 30 para. 1

14. It adopted the present Report and decided to transmit it to the

Committee of Ministers and the parties' representatives for information

and to publish it. The following members were present when the Report

was adopted:

Mr. S. TRECHSEL, President

Mrs. G.H. THUNE

Mrs. J. LIDDY

MM. E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H. DANELIUS

F. MARTINEZ

L. LOUCAIDES

J.-C. GEUS

B. MARXER

M.A. NOWICKI

I. CABRAL BARRETO

B. CONFORTI

N. BRATZA

I. BÉKÉS

J. MUCHA

D. SVÁBY

G. RESS

A. PERENIC

C. BÎRSAN

P. LORENZEN

K. HERNDL

E. BIELIUNAS

E.A. ALKEMA

M. VILA AMIGÓ

IV. THE DECISION OF THE COMMISSION

15. The Commission notes that the applicant died on 15 September 1996

and that it is not known whether the applicant has any heirs and

whether in case any heirs be formally recognized they would express

their interest in pursuing the proceedings before the Commission.

16. In these circumstances, the Commission considers that it is no

longer justified to continue the examination of the application, within

the meaning of Article 30 para. 1 (c) of the Convention.

17. Moreover, as regards the issues raised in the present case, the

Commission finds no reasons of a general character affecting respect

for Human Rights, as defined in the Convention, which require the

further examination of the application by virtue of Article 30 para. 1

in fine of the Convention.

For these reasons, the Commission, unanimously,

DECIDES TO STRIKE APPLICATION No. 21444/93 OFF ITS LIST OF CASES;

ADOPTS THE PRESENT REPORT;

DECIDES TO SEND THE PRESENT REPORT to the Committee of Ministers for

information, to send it also to the parties' representatives, and to

publish it.

Secretary to the Commission President of the Commission

(H.C. KRÜGER) (S. TRECHSEL)

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