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G. v. AUSTRIA

Doc ref: 14418/88 • ECHR ID: 001-1127

Document date: December 4, 1989

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G. v. AUSTRIA

Doc ref: 14418/88 • ECHR ID: 001-1127

Document date: December 4, 1989

Cited paragraphs only

Application No. 14418/88

by O.G.

against Austria

The European Commission of Human Rights sitting in private

on 4 December 1989, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

G. SPERDUTI

E. BUSUTTIL

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

H. DANELIUS

G. BATLINER

Sir Basil HALL

MM. F. MARTINEZ

C.L. ROZAKIS

Mrs. J. LIDDY

Mr. L. LOUCAIDES

Mr. H.C. KRÜGER, Secretary to the Commission

Having regard to Article 25 of the Convention for the

Protection of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 23 September

1988 by O.G. against Austria and registered on 1 December 1988 under

file No. 14418/88;

Having regard to the report provided for in Rule 40 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

applicant may be summarised as follows:

The applicant, born in 1932, is an Austrian national and

resident at Wörgl. When lodging the application he was detained at

Innsbruck Prison. Before the Commission he is represented by Mr. B.

Haid, a lawyer practising in Innsbruck.

On 30 September 1987 the Innsbruck Regional Court (Landes-

gericht) opened investigation proceedings against the applicant on the

suspicion of grave professional fraud (schwerer gewerbsmäßiger Betrug)

and faking securities (Fälschung besonders geschützter Wertpapiere).

On 11 December 1987 the applicant was arrested and taken into

detention on remand.

On 21 June 1988 the Innsbruck Court of Appeal (Oberlandes-

gericht), upon the request of the Innsbruck Public Prosecutor's Office

(Staatsanwaltschaft), decided to prolong to a total of ten months the

applicant's detention on remand (SS. 180 para. 2 (1) and (3b) and 193

para. 4 of the Austrian Code of Criminal Procedure (Strafprozeßordnung)).

On 11 October 1988 the Innsbruck Court of Appeal decided to

prolong the applicant's detention on remand to a total of one year.

COMPLAINTS

The applicant complained that his detention on remand

subsequent to 11 June 1988, i.e. six months after his arrest on

11 December 1987, was unlawful in that the prolongation was only

decided on 21 June 1988, i.e., after the end of the initial period of

six months. Furthermore he complained of the length of his detention

on remand. He invoked Article 5 paras. 3 and 4, and Article 6 of the

Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 23 September 1988 and

registered on 1 December 1988.

On 14 April 1989 the Commission decided that, in accordance

with Rule 42 para. 2 (b) of its Rules of Procedure, the application be

brought to the notice of the respondent Government and that they be

invited to submit written observations on its admissibility and

merits.

On 29 June 1989 the respondent Government submitted their

observations.

By letter of 26 July 1989 the applicant was invited to submit

observations in reply before 29 September 1989. On 18 August 1989

the English translation of the Government's observations was

transmitted to him and he was reminded that the time-limit for

submission of his observations remained unaffected.

By registered letter of 19 October 1989 the Secretariat noted

that the applicant's observations had not yet been received, and

warned the applicant about the consequences under Rule 44 para. 1 of

the Commission's Rules of Procedure. The applicant did not react to

this letter.

REASONS FOR THE DECISION

The Commission finds that the circumstances of the present

case, namely the applicants' failure to comply with the Commission's

request to submit observations in reply before 29 September 1989 and

to react to the further letters of the Secretariat dated 18 August and

19 October 1989, leads to the conclusion that he does not intend to

pursue his application.

The Commission considers that there are no reasons of a

general character affecting the observance of the Convention which

necessitate the further examination of this case.

For these reasons, the Commission

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES

Secretary to the Commission President of the Commission

(H. C. KRÜGER) (C. A. NØRGAARD)

LEXI

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