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POSCHER v. AUSTRIA

Doc ref: 17617/91 • ECHR ID: 001-45600

Document date: May 11, 1993

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Cited paragraphs: 0
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POSCHER v. AUSTRIA

Doc ref: 17617/91 • ECHR ID: 001-45600

Document date: May 11, 1993

Cited paragraphs only

EUROPEAN COMMISSION OF HUMAN RIGHTS

FIRST CHAMBER

Application No. 17617/89

Walter Poscher

against

Austria

REPORT OF THE COMMISSION

(adopted on 11 May 1993)

TABLE OF CONTENTS

Page

I. THE PARTIES

(paras. 1 - 2) . . . . . . . . . . . . . . . . . . . . .1

II. SUMMARY OF THE FACTS

(paras. 3 - 7) . . . . . . . . . . . . . . . . . . . . .1

III. PROCEEDINGS BEFORE THE COMMISSION

(paras. 8 - 13). . . . . . . . . . . . . . . . . . . . .1

IV. THE DECISION OF THE COMMISSION

(para. 14) . . . . . . . . . . . . . . . . . . . . . . .2

APPENDIX I : DECISION ON THE ADMISSIBILITY. . . . . . . . .3

I. THE PARTIES

1. The present Report, which was drawn up by the European Commission

of Human Rights (First Chamber) in accordance with

Article 30 para. 2 of the Convention, concerns the application brought

by Walter Poscher against Austria.

2. The applicant, born in 1924, is an Austrian national and resident

in Vienna. Before the Commission he is represented by

Mr. K. Bernhauser, a lawyer practising in Vienna.

The Austrian Government were represented by their Agent,

Ambassador H. Türk, Head of the International Law Department at the

Federal Ministry of Foreign Affairs.

II. SUMMARY OF THE FACTS

3. The facts of the case as submitted at the admissibility stage are

set out in the Commission's decision as to the admissibility of the

application of 31 March 1993, attached hereto as Appendix I. They may

be summarised as follows :

4. In 1976 criminal proceedings were instituted against the

applicant on the suspicion of corruption, and various tax offences.

In 1977 proceedings concerning charges of tax evasion were separated

from the main proceedings and provisionally discontinued. Following

a conviction in the main proceedings in November 1977, the criminal

proceedings concerning tax evasion were resumed in 1990. In March 1992

these proceedings were discontinued on the ground that prosecution had

become statute-barred.

5. Before the Commission the applicant complained under Article 6

of the Convention about the length of the criminal proceedings against

him.

6. On 16 September 1992 the applicant requested the Federal Ministry

of Justice that, as a measure of grace, the entry of his conviction in

the criminal register be cancelled, or access to information about the

entry restricted. On 22 February 1993 he offered to withdraw his

application with the Commission, should his request for pardon be

granted.

7. On 12 March 1993 the applicant's request was granted to the

extent that access to the information from the criminal registry was

restricted. The decision was served upon him on 21 April 1993.

III. PROCEEDINGS BEFORE THE COMMISSION

8. The application was introduced on 23 November 1990 and registered

on 8 January 1991.

9. On 13 January 1992 the Commission decided to communicate the

application to the respondent Government. The Government's

observations were, after an extension of the time-limit, submitted on

7 July 1992. Upon a reminder, the applicant's observations in reply

were submitted on 17 December 1992.

10. On 31 March 1993 the Commission declared the application

admissible.

11. By letter of 22 April 1993 the applicant informed the Commission

that, in view of the above-mentioned arrangement, he did not wish to

pursue his application.

12. On 11 May 1993 the Commission decided to strike the present

application off its list of cases, in accordance with

Article 30 para. 1 (a) and (b) of the Convention, the following members

being present :

MM. J.A. FROWEIN, President of the First Chamber

F. ERMACORA

G. SPERDUTI

E. BUSUTTIL

A.S. GÖZÜBÜYÜK

Sir Basil HALL

Mr. C.L. ROZAKIS

Mrs. J. LIDDY

MM. M. PELLONPÄÄ

G.B. REFFI

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

Committee of Ministers and the parties for information and to publish

it.

IV. THE DECISION OF THE COMMISSION

14. Having regard to Article 30 para. 1 (a) and (b) of the

Convention, the Commission notes that the applicant does not intend to

pursue his petition on the ground that the matter has been resolved

following the above arrangement between the Parties.

Furthermore, in accordance with Article 30 para. 1 in fine, the

Commission finds no special circumstances regarding respect for human

rights as defined in the Convention which require the continuation of

the examination of the application.

For these reasons, the Commission unanimously

DECIDES TO STRIKE APPLICATION NO. 17617/89 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 and to publish

it.

Secretary to the First Chamber President of the First Chamber

(M.F. BUQUICCHIO) (J.A. FROWEIN)

LEXI

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