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H. v. AUSTRIA

Doc ref: 11554/85 • ECHR ID: 001-204

Document date: March 11, 1988

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H. v. AUSTRIA

Doc ref: 11554/85 • ECHR ID: 001-204

Document date: March 11, 1988

Cited paragraphs only

Application No. 11554/85

by H.

against Austria

The European Commission of Human Rights sitting in private

on 11 March 1988, the following members being present:

MM. S. TRECHSEL, Acting President

G. SPERDUTI

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. J. RAYMOND, Deputy 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 18 April 1985

by Mr. H. against Austria and registered on 3 June 1985 under file N°

11554/85;

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, which do not appear to be in dispute

between the parties, may be summarised as follows:

The applicant, born in 1953, is an Austrian citizen and

resident at L., Austria. He is a clerk by profession. Before

the Commission he is represented by Dr. A. Heiss, a lawyer practising

in Innsbruck.

On 20 November 1983 the Feldkirch Regional Court (Landes-

gericht) decided that the applicant be taken into detention on remand

pending preliminary investigations concerning charges of robbery and

of fraud. On 9 October 1984 the period of detention was prolonged to a

total of one year.

On 26 February 1985 the Innsbruck Court of Appeal (Oberlandes-

gericht) committed the applicant for trial, and, upon the request of

the Investigating Judge at the Feldkirch Regional Court dated 7

February 1985, decided that the applicant's detention on remand could

last up to fifteen months.

On 15 March 1985 the Feldkirch Regional Court dismissed the

applicant's request for release on the ground that the prolonged

detention on remand was lawful despite the fact that the decision of

the Court of Appeal authorising continued detention had only been

taken on 26 February 1985 after expiry of the preceding period on

17 February 1985. The applicant's appeal was to no avail.

On 15 May 1985 the Feldkirch Regional Court sentenced the

applicant to four years' imprisonment for, inter alia, grave fraud and

grave duress. On 2 October 1985 the Supreme Court (Oberster

Gerichtshof) dismissed the applicant's plea of nullity (Nichtigkeits-

beschwerde). On 30 October 1985 it dismissed the applicant's appeal

(Berufung) and, upon the Public Prosecutor's appeal, increased the

sentence to six years' imprisonment.

COMPLAINTS

The applicant complained under Article 5 paras. 3 and 4 and

Article 6 of the Convention that his detention on remand subsequent to

17 February 1985, i.e. the last day of the period fixed on 9 October

1984, was unlawful inasmuch as the further prolongation was only

decided on 26 February 1985. Furthermore, he submits that the decision

of the Innsbruck Court of Appeal dated 26 February 1985 concerning the

further prolongation of his detention on remand was unlawful.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 18 April 1985 and registered

on 3 June 1985.

On 2 March 1987 the Commission decided to bring the

application to the notice of the respondent Government and to invite

them to submit written observations on its admissibility and merits.

The observations of the respondent Government were submitted on 15

June 1987 and the applicant's observations in reply on 28 July 1987.

On 9 December 1987 the Commission decided to invite the

Parties to a hearing on the admissibility and merits of the case.

By letter of 19 February 1988 the applicant informed the

Commission that, in the light of the proceedings before the

Commission, negotiations had taken place between him and the Austrian

Government, in the course of which he had agreed to withdraw his

application to the Commission in the case that the execution of his

sentence to imprisonment be suspended. He submits that on 11 February

1988 the Steyr District Court (Kreisgericht) decided to suspend the

execution of his sentence. He now considers his case to be resolved

and wishes to withdraw his application to the Commission.

REASONS FOR THE DECISION

The Commission notes that the applicant, having regard to the

suspension of his sentence after negotiations with the Austrian

Government, has withdrawn his application.

The Commission considers that there are no reasons of a

general interest affecting the observance of the Convention which

would require a further examination of the present application.

For these reasons, the Commission

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES

Deputy Secretary to the Commission Acting President of the Commission

(J. RAYMOND) (S. TRECHSEL)

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