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D.S. v. AUSTRIA

Doc ref: 19893/92 • ECHR ID: 001-1590

Document date: May 13, 1993

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D.S. v. AUSTRIA

Doc ref: 19893/92 • ECHR ID: 001-1590

Document date: May 13, 1993

Cited paragraphs only

Application No. 19893/92

by D.S.

against Austria

The European Commission of Human Rights (Second Chamber) sitting

in private on 13 May 1993, the following members being present:

MM. S. TRECHSEL, President of the Second Chamber

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

H. DANELIUS

Mrs. G. H. THUNE

MM. F. MARTINEZ

J.-C. GEUS

M.A. NOWICKI

I. CABRAL BARRETO

Mr. K. ROGGE, Secretary to the Second 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 12 February 1992

by D.S. against Austria and registered on 24 April 1992 under file No.

19893/92;

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 applicant is an Austrian citizen born in 1933. He lives in

H. and is represented before the Commission by Mr. K. Reisch, lawyer,

of Kitzbühel. The facts of the case, as submitted by the applicant,

may be summarised as follows.

Preliminary proceedings were opened against the applicant in

1981. He was convicted on 30 May 1984 of fraud. He received the

written judgment on 4 July 1986.

On 13 March 1987 the judgment of the Supreme Court (Oberster

Gerichtshof), quashing the judgment of 30 May 1984, was served on the

applicant.

In the second round of proceedings, the applicant was convicted

on 23 March 1988 of negligent insolvency. He received the written

judgment on 11 April 1989. The applicant's nullity appeal was

determined in June 1990. The written judgment was served on the

applicant in July 1990. The Supreme Court, a second time, quashed the

first instance judgment and remitted the case to the first instance

court.

On 16 September 1991 the applicant was convicted, in a third

round of proceedings, of negligent insolvency. The written judgment

was served on him on 3 March 1992.

When the application was introduced the proceedings were still

pending before the Supreme Court.

COMPLAINTS

The applicant alleged violation of Article 6 para. 1 of the

Convention by virtue of the length of the proceedings. He also

complained that the proceedings were "blown up" out of all proportion

to the importance of the case.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 12 February 1992 and registered

on 24 April 1992. On 20 October 1992 the Commission decided to bring

the application to the notice of the respondent Government and to

request written observations on its admissibility and merits. After

the respondent Government had requested an extension of time for

submission of observations in order to permit settlement negotiations

between the parties, the applicant on 15 February 1993 informed the

Commission that a settlement had been reached. The settlement provides

that an application for costs by the applicant at the end of the

proceedings will be granted, and that the applicant agrees to withdraw

his application.

REASONS FOR THE DECISION

The applicant complained of the length of criminal proceedings

against him.

The Commission notes that the applicant has come to an agreed

solution with the respondent Government and that he wishes to withdraw

his application.

The Commission concludes that this matter has been resolved and

that the applicant does not intend to pursue his petition, within the

meaning of Article 30 para. 1 of the Convention. It further finds that

respect for human rights as defined in the Convention does not require

a continuation of the examination.

For these reasons, the Commission unanimously

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES

Secretary to the Second Chamber President of the Second Chamber

(K. ROGGE) (S. TRECHSEL)

LEXI

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