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SCHIANSKY v. AUSTRIA

Doc ref: 15062/89 • ECHR ID: 001-1736

Document date: April 1, 1992

Inbound citations: 1
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Cited paragraphs: 0
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SCHIANSKY v. AUSTRIA

Doc ref: 15062/89 • ECHR ID: 001-1736

Document date: April 1, 1992

Cited paragraphs only

FINAL

AS TO THE ADMISSIBILITY OF

Application No. 15062/89

by Erwin and Robert SCHIANSKY

against Austria

The European Commission of Human Rights (First Chamber) sitting

in private on 1 April 1992, 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

B. MARXER

Mr. M. de SALVIA, Secretary to the First 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 2 May 1989 by

Erwin and Robert Schiansky against Austria and registered on

29 May 1989 under file No. 15062/89;

Having regard to the Commission's Partial Decision of 7 May 1990;

Having regard to the observations submitted by the respondent

Governemnt on 22 August 1990 and the applicant's observations in reply

submitted on 10 September 1990;

Having regard to the Commission's decision to refer the case to

the First Chamber;

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 applicants are Austrian nationals born in 1952 and 1954

respectively and resident in Vienna.

In their application, in which they rely on Article 6 para. 1 of

the Convention, they complain of the length of the proceedings before

the Austrian courts.

The following is a summary of the proceedings:

According to the applicants, the proceedings began in February

or March 1985, when the first and second applicants, respectively, were

first questioned by the police. On 6 June 1986 an injunction was laid

against them alleging fraud in connection with the alleged theft of

recording equipment from their recording studio. They were questioned

on the same day, and arrested on 8 June 1986. They were acquitted of

fraud by the Korneuburg Regional Court (Kreisgericht) on 16 May 1988.

On 17 June 1989 the Supreme Court (Oberster Gerichtshof), on the

prosecution's plea of nullity, set aside the judgment of 16 May 1988

and remitted the case to the Steyr Regional Court. On 27 September

1990 the applicants were acquitted for a second time. The prosecution

announced its intention to appeal. On 12 February 1991 the applicants

informed the Commission that the prosecution had withdrawn its notice

of appeal.

THE LAW

The applicants' complaint relates to the length of the

proceedings.

According to the applicants, the proceedings began in February

or March 1985, when the first and second applicants, respectively, were

first questioned by the police. As the proceedings finished at a date

between 27 September 1990 and 12 February 1991, the applicants consider

the length to be over five and a half years. They consider this to be

in breach of the "reasonable time" requirement (Article 6 para. 1

(Art. 6-1) of the Convention). The Government consider that the

proceedings began on 6 June 1986, when the applicants were first fully

questioned in connection with their alleged involvement in the fraud,

and consider that the "reasonable time" has not been exceeded.

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 the case raises

questions which require an examination on the merits.

For these reasons the Commission unanimously

DECLARES THE REMAINDER OF THE APPLICATION ADMISSIBLE,

without prejudging the merits of the case.

Secretary to the First Chamber President of the First Chamber

(M. de SALVIA) (J.A. FROWEIN)

LEXI

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