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EUROPEAN COMMISSION OF HUMAN RIGHTS

FIRST CHAMBER

Application No. 20001/92

Muharrem Deniz

against

Austria

REPORT OF THE COMMISSION

(adopted on 24 October 1995)

TABLE OF CONTENTS

Page

INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . .1

PART I : STATEMENT OF THE FACTS. . . . . . . . . . . . . . .3

PART II : SOLUTION REACHED. . . . . . . . . . . . . . . . . .4

INTRODUCTION

1. This Report relates to the application introduced under Article

25 of the European Convention for the Protection of Human Rights and

Fundamental Freedoms by Muharrem Deniz against Austria on 6 May 1992.

It was registered on 15 May 1992 under file No. 20001/92.

The applicant was represented by Mr. Wilfried Ludwig Weh, a

lawyer practising in Bregenz.

The Government of Austria were represented by their Agent,

Ambassador F. Cede, Head of the International Law Department at the

Federal Ministry of Foreign Affairs.

2. On 31 August 1994 the Commission (First Chamber) declared the

application admissible. It then proceeded to carry out its task under

Article 28 para. 1 of the Convention which provides as follows:

"In the event of the Commission accepting a petition referred to

it:

a. it shall, with a view to ascertaining the facts, undertake

together with the representatives of the parties an examination

of the petition and, if need be, an investigation, for the

effective conduct of which the States concerned shall furnish all

necessary facilities, after an exchange of views with the

Commission;

b. it shall at the same time place itself at the disposal of

the parties concerned with a view to securing a friendly

settlement of the matter on the basis of respect for Human Rights

as defined in this Convention."

3. The Commission (First Chamber) found that the parties had reached

a friendly settlement of the case and on 24 October 1995 it adopted

this Report, which, in accordance with Article 28 para. 2 of the

Convention, is confined to a brief statement of the facts and of the

solution reached.

The following members were present when the Report was adopted:

Mr. C.L. ROZAKIS, President

Mrs. J. LIDDY

MM. E. BUSUTTIL

A.S. GÖZÜBÜYÜK

A. WEITZEL

M.P. PELLONPÄÄ

G.B. REFFI

B. CONFORTI

N. BRATZA

I. BÉKÉS

E. KONSTANTINOV

G. RESS

A. PERENIC

C. BÎRSAN

K. HERNDL

PART I

STATEMENT OF THE FACTS

4. The applicant is a Turkish citizen, born in 1971 and currently

resident in Turkey.

5. In 1975 he left Turkey together with his parents and siblings and

settled in Austria. In 1985 the Feldkirch Regional Court convicted him

of aggravated theft but deferred sentencing him for a probationary

period of three years. In 1986 the Regional Court convicted him of

burglary and sentenced him to three months' suspended imprisonment.

Later in 1986 the Regional Court sentenced him to a fine, having regard

to his recidivism.

6. In 1987 the Regional Court convicted the applicant of a further

burglary and again sentenced him to a fine. In 1989 he was ordered by

the Feldkirch District Administrative Authority to pay a fine for

having violated the Border Control Act as well as a fine for having

violated the Passport Act.

7. In January 1990 the applicant's residence permit expired. In

April 1990 the District Administrative Authority imposed a residence

prohibition on him which would be valid until the end of the year 2000.

In June 1990 he was deported to Turkey.

8. In June 1991 the Constitutional Court refused to entertain the

applicant's complaint. In October 1991 the Administrative Court

dismissed his further complaint.

9. Before the Commission the applicant complained that his expulsion

from Austria and the related residence prohibition imposed on him

violated his right to respect for his private and family life, as

enshrined in Article 8 of the Convention.

PART II

SOLUTION REACHED

10. Following the decision on the admissibility of the application,

the Commission (First Chamber) placed itself at the disposal of the

parties with a view to securing a friendly settlement in accordance

with Article 28 para. 1 (b) of the Convention and invited the parties

to submit any proposals they wished to make.

11. In accordance with the usual practice, the Chamber Secretary,

acting on the Commission's instructions, contacted the parties to

explore the possibilities of reaching a friendly settlement. Following

an exchange of letters the parties' representatives met in Strasbourg

on 26 April 1995 in the presence of the Secretary to the Chamber.

12. Following a further exchange of letters the applicant and the

respondent Government informed the Commission by letters of 16 August

and 15 September 1995, respectively, that they had agreed on the terms

of a friendly settlement. They submitted signed copies of the following

declaration:

(German)

"Erklärungen der Parteien zur gütlichen Regelung

In der Individualbeschwerde Nr. 20001/92 des Herrn Muharrem Deniz

verständigen sich die Parteien unter Bezugnahme auf Artikel 28 Abs. 1

(b) der Europäischen Konvention zum Schutze der Menschenrechte und

Grundfreiheiten und auf die in Straßburg am 26 April 1995 zwischen den

Parteien in Anwesenheit der Sekretärin der Ersten Kammer geführten

Gespräche und unter Mitwirkung der Europäischen Kommission für

Menschenrechte auf die nachstehende gütliche Regelung:

1. Dem Beschwerdeführer wird eine Aufenthaltsberechtigung

ausgestellt.

2. Die österreichische Regierung zahlt als Ausgleich für

sämtliche etwaige Ansprüche im Zusammenhang mit der

vorliegenden Individualbeschwerde die Summe von AS

120,000.00. Dieser Betrag umfaßt AS 80,000.00 hinsichtlich

der Kosten und Auslagen, die im Rahmen des Verfahrens vor

der Kommission entstanden sind.

Der Betrag von AS 120,000.00 wird an Herrn Dr. W.L. Weh,

den Verfahrensbevollmächtigten des Beschwerdeführers,

überwiesen.

3. Der Beschwerdeführer erklärt seine oben genannte

Beschwerde als erledigt.

4. Der Beschwerdeführer verzichtet auf die Geltendmachung

allfälliger weiterer Forderungen gegen die Republik

Österreich im Zusammenhang mit dem der Beschwerde

zugrundeliegenden Sachverhalt."

(translation)

"Declaration of the parties as to a friendly settlement

In Application No. 20001/92 by Muharrem Deniz, the parties, with

reference to Article 28 para. 1 (b) of the European Convention for the

Protection of Human Rights and Fundamental Freedoms, to the discussions

between the parties in Strasbourg on 26 April 1995 in the presence of

the Secretary to the First Chamber and to the assistance of the

European Commission of Human Rights, declare as follows:

1. The applicant will be granted a residence permit.

2. The Austrian Government will pay the applicant AS

120,000 as compensation for all possible claims relating to

the present application. This sum includes AS 80,000 in

respect of the costs and expenses incurred in the

proceedings before the Commission.

The sum of AS 120,000 will be paid to the applicant's

counsel, Mr. W.L. Weh.

3. The applicant declares his above-mentioned application

settled.

4. The applicant waives any further claims against the

Republic of Austria relating to the facts of the present

application."

13. At its session on 24 October 1995, the Commission noted that the

parties had reached an agreement regarding the terms of a settlement.

It further considered, having regard to Article 28 para. 1 (b) of the

Convention, that the friendly settlement of the case had been secured

on the basis of respect for Human Rights as defined in the Convention.

14. For these reasons, the Commission adopted the present Report.

Secretary to the First Chamber President of the First Chamber

(M.F. BUQUICCHIO) (C.L. ROZAKIS)

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DENIZ v. AUSTRIA

DENIZ v. AUSTRIA

LEXI