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SCHIEHSER v. AUSTRIA

Doc ref: 15321/89 • ECHR ID: 001-45554

Document date: October 20, 1992

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Cited paragraphs: 0
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SCHIEHSER v. AUSTRIA

Doc ref: 15321/89 • ECHR ID: 001-45554

Document date: October 20, 1992

Cited paragraphs only

EUROPEAN COMMISSION OF HUMAN RIGHTS

FIRST CHAMBER

Application No. 15321/89

Franz SCHIEHSER

against

AUSTRIA

REPORT OF THE COMMISSION

(adopted on 20 October 1992)

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 Franz Schiehser against Austria on

21 April 1989. It was registered on 31 July 1989 under file

No. 15321/89.

The applicant was represented by Mr. F. C. Obendorfer, a lawyer

practising in Vienna.

The Government of Austria were represented by their Agent,

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

Federal Ministry of Foreign Affairs.

2. The application related to the fairness and length of criminal

proceedings against the applicant. On 16 October 1991 the Commission

declared the complaint on the length admissible, rejected the remainder

of the application and referred the application to the First Chamber.

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

settlement of the case and on 20 October 1992 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.

-------------

(1) This decision is public and may be obtained from the Commission's

Secretariat on request.

The following members were present when the Report was adopted:

MM. E. BUSUTTIL, Acting President of the First Chamber

F. ERMACORA

Sir Basil HALL

Mr. C. L. ROZAKIS

Mrs. J. LIDDY

MM. M.P. PELLONPÄÄ

B. MARXER

PART I

STATEMENT OF THE FACTS

5. On 24 October 1980 the police authorities laid charges against

the applicant and on 7 July 1981 he was indicted on two counts of

taking bribes. On 26 November 1981 supplementary preliminary

investigations were started on the suspicion that the applicant had

been corrupted, in his position as a civil servant, by the taking of

bribes. On 16 June 1988 the applicant was convicted by the Vienna

Regional Court (Landesgericht) on two counts of taking bribes and

sentenced to two months' imprisonment. He was granted probation. As

regards the remaining charges he was acquitted.

An appeal and a plea of nullity were rejected by the Supreme

Court (Oberster Gerichtshof) on 24 November 1988.

PART II

SOLUTION REACHED

6. 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.

7. 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.

8. By letters of 27 and 29 July 1992 the applicant's representative

and the Agent of the Government submitted the following identical

declarations on the agreement reached between the applicant and the

Government in July 1992:

[German Original]

"Erklärungen der Parteien zur gütlichen Regelung

In der Individualbeschwerde Nr. 15321/89 des Herrn

Franz SCHIEHSER verständigen sich die Parteien unter Bezugnahme auf

Artikel 28 Abs. 1 der Europäischen Konvention zum Schutze der

Menschenrechte und Grundfreiheiten und unter Mitwirkung der

Europäischen Kommission für Menschenrechte auf die nachstehende

gütliche Regelung:

1. Die Regierung der Republik Österreich zahlt dem

Beschwerdeführer als Ausgleich für sämtliche etwaigen Ansprüche

im Zusammenhang mit der vorliegenden Individualbeschwerde einen

Betrag von ÖS 50,000 sowie ÖS 30,000 zum Ausgleich der Kosten des

Beschwerdeverfahrens.

2. Der Beschwerdeführer erklärt seine oben genannte Beschwerde

als erledigt.

3. Der Beschwerdeführer verzichtet auf die Geltendmachung

allfälliger weiterer Forderungen gegen die Republik Österreich

im Zusammenhang mit dem der Beschwerde zugrundeliegenden

Sachverhalt.

[Translation]

"Declaration by the parties with a view to a friendly settlement

In connection with Application No. 15321/89 by Mr. Schiehser, the

parties, with reference to Article 28 para. 1 of the European

Convention on Human Rights and with the assistance of the European

Commission of Human Rights, declare as follows:

1. The Government of the Republic of Austria will pay to the

applicant a sum of AS 50,000 in respect of any possible claims

relating to the present application and AS 30,000 in respect of

costs and expenses incurred before the Commission.

2. The applicant declares his application settled.

3. The applicant waives any further claims against the Republic

of Austria relating to the present application."

9. At its session on 20 October 1992, 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.

10. For these reasons, the Commission adopted this Report.

Secretary to the First Chamber Acting President of the First Chamber

(M. de SALVIA) (E. BUSUTTIL)

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