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F.G. v. AUSTRIA

Doc ref: 20603/92 • ECHR ID: 001-2553

Document date: March 8, 1994

Inbound citations: 1
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Cited paragraphs: 0
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F.G. v. AUSTRIA

Doc ref: 20603/92 • ECHR ID: 001-2553

Document date: March 8, 1994

Cited paragraphs only

AS TO THE ADMISSIBILITY OF

Application No. 20603/92

by F. G.

against Austria

The European Commission of Human Rights sitting in private on

8 March 1994, the following members being present:

MM. A. WEITZEL, President

C.L. ROZAKIS

F. ERMACORA

E. BUSUTTIL

A.S. GÖZÜBÜYÜK

Mrs. J. LIDDY

MM. M.P. PELLONPÄÄ

B. MARXER

G.B. REFFI

B. CONFORTI

N. BRATZA

I. BÉKÉS

E. KONSTANTINOV

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 13 July 1992 by F. G.

against Austria and registered on 9 September 1992 under file

No. 20603/92;

Having regard to the observations submitted by the respondent

Government on 12 March 1993 and the observations in reply submitted by

the applicant on 11 May 1993;

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

Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The facts of the case, as they have been submitted by the parties,

may be summarised as follows.

The applicant, born in 1961, is an Austrian national and resident

at Tribuswinkel. He is a commercial clerk by profession. Before the

Commission, he is represented by Mr. F. Langmayr, a lawyer practising in

Vienna.

In September 1987 the Vienna Regional Court (Landesgericht)

instituted preliminary investigations against two persons on the

suspicion of having committed fraud in the context of a real estate

business. These investigations were subsequently extended to several

other suspects. Preliminary investigations against the applicant were

opened on 11 January 1988. In these proceedings the applicant was

assisted by Mr. Langmayr as his defence counsel.

In the course of the investigations, more than one hundred victims

of frauds were heard as witnesses. The preliminary investigations

terminated on 2 September 1988.

The Vienna Public Prosecutor's Office (Staatsanwaltschaft) preferred

the indictment against some of the suspect in April 1989. The trial

against these suspect was conducted before the Vienna Regional Court in

two sets of hearings in April and October 1991. Judgment was pronounced

on 18 October 1991, the written version was served upon these accused in

March 1992.

Meanwhile, on 5 April 1990 the Vienna Public Prosecutor's Office had

preferred the indictment against the applicant and five co-accused.

Proceedings against a further accused were later joined. They were

charged with having professionally committed fraud in that they pretended

to offer and supply accommodation and thereby received payments from

interested clients. The indictment referred to more than fifty cases and

a total damage caused by the offences which amounted to AS 3.000.000, and

listed more than sixty witnesses to be heard at the trial.

Moreover, the applicant's co-accused had lodged an appeal with the

Vienna Court of Appeal (Oberlandesgericht) against the indictment, which

had been dismissed on 12 September 1990.

On 6 July 1992 the Vienna Regional Court started the trial against

the applicant and six co-accused.

On 16 July 1992 the Vienna Regional Court acquitted the applicant

of the charges against him. This acquittal became final the very day. The

written version of the judgment was served on 5 January 1993.

COMPLAINTS

The applicant complains under Article 6 para. 1 of the Convention

about the length of the criminal proceedings against him. He submits in

particular that the Vienna Regional Court delayed the proceedings in that

it did not fix a date for trial in due time.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 13 July 1992 and registered on

9 September 1992.

On 2 December 1992 the Commission decided to communicate the

application to the respondent Government for observations on the

admissibility and merits.

On 12 March 1993 the Government submitted their observations. The

observations in reply by the applicant were submitted on 11 May 1993.

THE LAW

The applicant complains about the length of the criminal proceedings

against him.

Article 6 para. 1 (Art. 6-1), so far as relevant, provides that "in

the determination ... of any criminal charge against him, everyone is

entitled to a ... hearing within a reasonable time".

The Government, referring to the case-law of the Convention organs,

argue that the length of the proceedings was mainly due to the complexity

of the case. In this respect, they mention the further proceedings

against other suspect involved in the fraud case concerned. They consider

that no considerable delays were imputable to the Austrian authorities.

As regards the proceedings before the Regional Court, they submit in

particular that the Presiding Judge was also responsible for a further

complex case, and that the court room of the Court of Assizes

(Schwurgerichtssaal), the only one big enough to conduct the trial in the

present case, was not available before July 1992.

The Commission considers, in the light of the criteria established

by the case-law of the Convention institutions on the question of

"reasonable time" (the complexity of the case, the applicant's conduct

and that of the competent authorities), and having regard to all the

information in its possession, that a thorough examination of this

complaint is required, both as to the law and as to the facts.

For these reasons, the Commission unanimously

DECLARES THE APPLICATION ADMISSIBLE,

without prejudging the merits of the case.

Secretary to the First Chamber President of the First Chamber

(M.F. BUQUICCHIO) (A. WEITZEL)

LEXI

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