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LIPTHAY v. AUSTRIA

Doc ref: 19957/92 • ECHR ID: 001-2254

Document date: September 6, 1995

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LIPTHAY v. AUSTRIA

Doc ref: 19957/92 • ECHR ID: 001-2254

Document date: September 6, 1995

Cited paragraphs only

Application No. 19957/92

by Jürgen Maria LIPTHAY

against Austria

The European Commission of Human Rights (First Chamber) sitting

in private on 6 September 1995, the following members being present:

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

Mrs. M.F. BUQUICCHIO, Secretary to the Chamber

Having regard to Article 25 of the Convention for the Protection

of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 28 April 1992 by

Jürgen Maria LIPTHAY against Austria and registered on 11 May 1992

under file No. 19957/92;

Having regard to the report provided for in Rule 47 of the Rules

of Procedure of the Commission;

Having regard to the observations submitted by the respondent

Government on 3 October 1994;

Having regard to the Commission's consideration of the state of

proceedings of 17 January 1995;

Having deliberated;

Decides as follows:

THE FACTS

The facts, as they have been submitted by the applicant, may be

summarised as follows.

The applicant is an Austrian citizen, born in 1969 and currently

detained in Salzburg. Before the Commission, he is represented by

Mr. P. Lechenauer, a lawyer practising in Salzburg.

On 13 February 1992 the Investigating Judge at the Salzburg

Regional Court (Landesgericht) issued a warrant for the applicant's

arrest on the suspicion of having, inter alia, stored and distributed

leaflets disseminating national-socialist ideas. On 14 February 1992

the applicant was taken into detention on remand on the grounds of a

danger of collusion with his co-suspect and the danger of repetition

of the offences. On 19 February 1992 the Judges' Chamber (Ratskammer)

at the Salzburg Regional Court dismissed the applicant's request for

release. On the same day, applicant's counsel requested to be granted

access to the files, he was given access on 6 March 1992.

On 5 July 1993 the Salzburg Court of Assizes convicted the

applicant of offences under the National Socialism Prohibition Act and

sentenced him to a 18 months' prison term. The applicant was found to

have furthered an association aimed at undermining, in a national-

socialist manner, the independence and sovereignty of the State and to

have performed activities inspired by national-socialist ideas.

On 21 December 1993 the Supreme Court (Oberster Gerichtshof)

dismissed the applicant's plea of nullity (Nichtigkeitsbeschwerde) and

his appeal (Berufung).

COMPLAINTS

The applicant complained under Articles 5 and 6 of the Convention

about his detention on remand and the criminal proceedings against him.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 28 April and registered on

11 May 1992.

On 29 June 1994 the Commission decided to communicate the

application to the respondent Government for observations on the

admissibility and merits.

On 3 October 1994 the Government submitted their observations.

By letter of 10 October 1994 the Commission's Secretariat

forwarded these observations to the applicant's representative. In

accordance with the Commission's instructions, a time-limit expiring

on 28 November 1994 was fixed for any observations in reply.

By letter of 6 December 1994 the applicant's representative was

reminded that the time-limit had meanwhile expired. He was requested

to inform the Commission immediately whether he still intended to file

observations in reply and, if so, explain the reasons for the delay.

On 19 December 1994 the applicant's representative acknowledged

receipt of the letter of 6 December 1994 and applied for legal aid in

the Commission proceedings. There was no explanation as to the delay.

Having considered the state of the proceedings on 17 January

1995, the Commission decided to set the applicant a new time-limit of

four weeks for the presentation of his observations in reply and to

provide him with the necessary legal aid forms to be filled in and

returned within the same time-limit.

The applicant's representative was informed accordingly by letter

of 17 January 1995, the new time-limits expired on 20 February 1995.

There was no reaction on the applicant's part.

REASONS FOR THE DECISION

The Commission notes that the applicant, represented by counsel,

did not react when invited to submit observations in reply to the

Government's observations. When reminded following the expiry of the

relevant time-limit, the applicant's representative applied for legal

aid without furnishing any explanation as to the delay. There was

again no reaction to the Commission's letter of 17 January 1995.

In these circumstances, the Commission concludes pursuant to

Article 30 para. 1 (a) and (c) of the Convention that the applicant

does not intend to pursue his application and that it is, therefore,

no longer justified to continue the examination of the petition.

Moreover, there are no reasons of a general character affecting respect

for Human Rights as defined in this Convention which require the

further examination of this application.

For these reasons, the Commission, unanimously,

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.

Secretary to the First Chamber President of the First Chamber

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

LEXI

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