Search
document

Document text Analytics

Z.M. v. GERMANY

Doc ref: 13770/88 • ECHR ID: 001-1093

Document date: July 10, 1989

Inbound citations: 0
•
Cited paragraphs: 0
•
Outbound citations: 0

Z.M. v. GERMANY

Doc ref: 13770/88 • ECHR ID: 001-1093

Document date: July 10, 1989

Cited paragraphs only

FINAL

Application No. 13770/88

by Z. M.

against the Federal Republic of Germany

The European Commission of Human Rights sitting in private

on 10 July 1989, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

F. ERMACORA

G. SPERDUTI

E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.C. SOYER

H.G. SCHERMERS

H. DANELIUS

G. BATLINER

J. CAMPINOS

H. VANDENBERGHE

Mrs. G.H. THUNE

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 22 October 1986

by Z. M. against the Federal Republic of Germany and registered on 15

April 1988 under file No. 13770/88;

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

parties, may be summarised as follows:

The applicant, born in 1955, is a Hungarian national. Since

the applicant entered the Federal Republic of Germany in 1975 he was

repeatedly in psychiatric treatment. When lodging his application he

was detained in a mental institution in Düren after a decision by the

Cologne Regional Court (Landgericht) in 1983.

The present part of his application relates to proceedings

before the Aachen Regional Court, in which the applicant's request to

be released on probation from detention was dismissed on 7 July 1986.

In these and the following unsuccessful appeal proceedings the

applicant was not represented by counsel. On 10 February 1987 the

Federal Constitutional Court (Bundesverfassungsgericht) refused to

admit the applicant's constitutional complaint (Verfassungs-

beschwerde) on the ground that it offered no prospect of success.

COMPLAINTS

The applicant complained that the Aachen Regional Court's

decision of 7 July 1986 not to release him on probation was wrong, and

also of the proceedings concerned. He invoked Articles 2 to 14, 17 and

18 of the Convention, Articles 1 and 2 of Protocol No. 1 and Article 2

of Protocol No. 4 to the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 22 October 1986 and

registered on 15 April 1988.

On 12 October 1988 the Commission decided that, in accordance

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

application related to the proceedings before the Aachen Regional

Court and the Cologne Court of Appeal in 1986 be brought to the notice

of the respondent Government and that they be invited to submit,

within a time limit of 10 weeks, written observations on the

admissibility and merits of the complaints under Article 5 para. 4

(Art. 5-4) of the Convention concerning this part of the application.

The Commission declared the remainder of the application

inadmissible in a partial decision of 12 October 1988.

The observations of the respondent Government were submitted

on 10 January 1989.

On 24 January 1989 the applicant was requested to submit

observations in reply before 10 March 1989. In a further letter of

the Secretariat of 29 March 1989, it was noted that he had not

submitted his observations in time, and recalled that he might request

legal aid. Furthermore, the applicant was warned about the

consequences under Rule 44 para. 1 of the Commission's Rules of

Procedure. He was sent a second reminder by registered mail on

26 April 1989. The applicant, whose last letter to the Commission was

dated 1 May 1988, has not reacted to the above letters from the

Secretariat.

REASONS FOR THE DECISION

The Commission finds that the applicant's failure to comply

with the Commission's request to submit observations in reply before

10 March 1989, and to react to the further letters of the Secretariat

of 29 March and 26 April 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

Lexploria AI Legal Assistant