F.K., T.M. and C.H. v. AUSTRIA
Doc ref: 18249/91 • ECHR ID: 001-45682
Document date: September 6, 1994
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EUROPEAN COMMISSION OF HUMAN RIGHTS
FIRST CHAMBER
Application No. 18249/91
by F. K., T. M. and C. H.
against
Austria
REPORT OF THE COMMISSION
(adopted on 6 September 1994)
TABLE OF CONTENTS
Page
INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . .1
PART I : STATEMENT OF THE FACTS . . . . . . . . . . . . . . . . .2
PART II : SOLUTION REACHED . . . . . . . . . . . . . . . . . . . .2
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 F. K., T. M. and C. H. against
Austria on 14 May 1991. It was registered on 23 May 1991 under file
No. 18249/91.
The applicants are represented by Mr. G. Simonvay, a lawyer
practising in Vienna. The Government of Austria are represented by
their Agent, Ambassador F. Cede, Head of the International Law
Department at the Federal Ministry of Foreign Affairs.
2. The application relates to the applicants' complaints that, after
their respective arrests, they were not promptly brought before a judge
(Article 5 para. 3 of the Convention), and that, at the initial stage
of the proceedings, they were not afforded the guarantees of a judicial
procedure (Article 5 para. 4 and Article 6 of the Convention). On
2 March 1994 the Commission (First Chamber) declared the application
admissible.
3. The Commission 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."
4. The Commission (First Chamber) found that the parties had reached
a friendly settlement of the case and on 6 September 1994 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 :
MM. A. WEITZEL, President
C.L. ROZAKIS
F. ERMACORA
E. BUSUTTIL
A.S. GÖZÜBÜYÜK
Mrs. J. LIDDY
MM. M.P. PELLONPÄÄ
B. MARXER
B. CONFORTI
N. BRATZA
I. BÉKÉS
E. KONSTANTINOV
PART I
STATEMENT OF THE FACTS
5. On 13 September 1990 the first applicant was arrested by Austrian
police authorities on the suspicion of having professionally committed
burglaries with other suspects. His request to contact his counsel
Mr. Simonfay was refused. On 15 September 1990 the first applicant was
committed to the prison at the Eisenstadt Regional Court, and on
18 September 1990 to the Prison at the Leoben Regional Court. In the
morning of the next day, the Investigating Judge, having heard the
applicant, ordered his detention on remand.
6. On 25 September 1990 the Investigating Judge at the Leoben
Regional Court issued warrants of arrest against the second and the
third applicant, also suspecting them of having professionally received
stolen goods. The second and the third applicant were arrested in
Vienna on 26 September 1990, and transferred to the Prison at the
Vienna Regional Court in the course of the next day.
7. On 28 September 1990 the second and the third applicant were
questioned by the Duty Judge at the Vienna Regional Court upon a
request of the Leoben Regional Court. On 1 October 1990 the Duty Judge
informed them that the competent Investigating Judge at the Leoben
Regional Court had decided that they be taken into detention on remand.
8. Following an intervention by his relatives, the first applicant
was represented by Mr. Simonfay as from 5 October 1990, the second and
the third applicant as from 10 October 1990.
9. In the course of the preliminary investigations, the
Investigating Judge at the Leoben Regional Court only partly granted
the applicants' requests that their defence counsel be granted access
to the files concerning the investigations against them.
10. On 29 November 1990 the Judges' Chamber at the Leoben Regional
Court, following hearings, ordered inter alia the first and the third
applicant's continued detention on remand. On 13 December 1990 the
Judges' Chamber, following a hearing, ordered the second applicant's
continued detention on remand. The applicants' appeals were to no
avail.
11. The applicants were eventually convicted by the Vienna Regional
Court of having committed burglary on various counts, and prison
sentences were imposed. Having served their sentences, the applicants
returned to Hungary.
PART II
SOLUTION REACHED
12. 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.
13. 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.
14. By letters of 18 July 1994 and 16 August 1994, respectively, the
applicant and the respondent Government informed the Commission that
they had agreed on the terms of a friendly settlement, and submitted
the following declaration.
"Statements of the parties with a view to a friendly settlement
With reference to Article 28 para. 1 (b) of the European
Convention for the Protection of Human Rights and Fundamental Freedoms,
the parties in the proceedings concerning Application No. 18249/91,
lodged by F. K., T. M. and C. H., declare with a view to a friendly
settlement, reached with the assistance of the European Commission of
Human Rights, as follows:
1. The Government of the Republic of Austria will pay to the
applicants a sum amounting to altogether AS 85,000 as
compensation in respect of any possible claims relating to the
present application. This sum is composed of a sum of AS 20,000
for each of the applicants, and includes AS 15,000 in respect of
the counsel's fees and expenses incurred in the proceedings
before the Commission.
This amount will be paid to the applicants' counsel,
Mr. Géza Simonfay in Vienna (Konto: Bank Austria 240-115-123/00).
2. The applicants declare their application settled.
3. The applicants waive any further claims against the Republic
of Austria relating to the present application."
"Erklärungen der Parteien zur gütlichen Regelung
In der Individualbeschwerde Nr. 18249/91 der F.K., T.M. und C.H.
verständigen sich die Parteien unter Bezugnahme auf Artikel 28 Abs. 1 b
der Europäischen Konvention zum Schutze der Menschenrechte und
Grundfreiheiten und unter Mitwirkung der Europäischen Kommission für
Menschenrechte auf die nachstehende gütliche Regelung:
1. Die österreichische Regierung zahlt den Beschwerdeführern
als Ausgleich für sämtliche etwaigen Ansprüche im Zusammenhang
mit der vorliegenden Individualbeschwerde einen Gesamtbetrag von
AS 85,000. Dieser Betrag setzt sich susammen aus einem Betrag
von AS 20,000 für jeden der Beschwerdeführer und einem Betrag von
AS 25,000 hinsichtlich der Gebühren und Auslagen, die im Rahmen
des Verfahren vor der Kommission entstanden sind.
Dieser Betrag wird an den Verfahrensbevollmächtigten der
Beschwerdeführer Dr. Géza Simonfay in Wien (Konto: Bank Austria
240-115-123/00) überwiesen.
2. Die Beschwerdeführer erklären ihre oben genannte Beschwerde
als erledigt.
3. Die Beschwerdeführer verzichten auf die Geltendmachung
allfälliger weiterer Forderungen gegen die Republik Österreich
im Zusammenhang mit dem der Beschwerde zugrundeliegenden
Sachverhalt."
15. At its session on 6 September 1994, 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.
16. For these reasons, the Commission adopted the present Report.
Secretary to the First Chamber President of the First Chamber
(M.F. BUQUICCHIO) (A. WEITZEL)