Search
document

Document text Analytics

CASE OF BECHTER v. AUSTRIA

Doc ref: 19125/91 • ECHR ID: 001-90

Document date: January 15, 1997

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

CASE OF BECHTER v. AUSTRIA

Doc ref: 19125/91 • ECHR ID: 001-90

Document date: January 15, 1997

Cited paragraphs only

In the case of Bechter v. Austria (1),

The Screening Panel of the European Court of Human Rights,

constituted in accordance with Article 48 para. 2 (art. 48-2) of the

Convention for the Protection of Human Rights and Fundamental Freedoms

("the Convention") and Rule 26 of Rules of Court B (2),

_______________

Notes by the Registrar

1. The case is numbered 64/1996/683/873. The first number is the

case's position on the list of cases referred to the Court in the

relevant year (second number). The last two numbers indicate the

case's position on the list of cases referred to the Court since its

creation and on the list of the corresponding originating applications

to the Commission.

2. Rules of Court B, which came into force on 2 October 1994, apply

to all cases concerning the States bound by Protocol No. 9 (P9).

________________

Sitting in private at Strasbourg on 25 November 1996, and

composed of the following judges:

Mr C. Russo, Chairman,

Mr F. Matscher,

Mr A. Spielmann,

and also of Mr H. Petzold, Registrar,

Having regard to the application against the

Republic of Austria lodged with the Court on 27 February 1996 by an

Austrian national, Mr Konrad Bechter, within the three-month period

laid down by Article 32 para. 1 and Article 47 of the Convention

(art. 32-1, art. 47);

Whereas Austria has recognised the compulsory jurisdiction of

the Court (Article 46 of the Convention (art. 46)) and ratified

Protocol No. 9 to the Convention (P9), Article 5 (P9-5) of which amends

Article 48 of the Convention (art. 48) so as to enable a person,

non-governmental organisation or group of individuals having lodged a

complaint with the European Commission of Human Rights

("the Commission") to refer the case to the Court;

Noting that the present case has not been referred to the Court

by either the Government of the respondent State or the Commission

under Article 48 para. 1 (a) or (d) of the Convention (art. 48-1-a,

art. 48-1-d);

Having regard to the Commission's report of 18 October 1995 on

the application (no. 19125/91) lodged with the Commission by Mr Bechter

on 19 November 1991;

Whereas the applicant complained that he had not had the

possibility to comment on the submissions ("croquis") filed with the

Innsbruck Court of Appeal by the prosecution, and alleged a breach of

Article 6 para. 1 of the Convention (art. 6-1), under which "In the

determination of ... any criminal charge against him, everyone is

entitled to a fair ... hearing ... by [a] ... tribunal ...";

Whereas the applicant, in specifying the object of his

application, as required by Rule 34 para. 1 (a) of Rules of Court B,

stated that he sought a decision by the Court which would allow him to

apply for the reopening of his case on the ground that his defence

rights had been violated, a similar possibility not being envisaged in

relation to decisions of the Committee of Ministers of the

Council of Europe;

Having regard to Article 48 of the Convention (art. 48) and

Rule 34 paras. 1 (a), 3 and 4 of Rules of Court B,

1. Finds that

(a) the case raises no serious question affecting the

interpretation or application of the Convention, as the

Court has already established case-law on the right of

the defence under Article 6 para. 1 of the Convention

(art. 6-1) to respond to the "croquis"; and

(b) the case does not, for any other reason, warrant

consideration by the Court as, in the event of a finding

that there has been a breach of the Convention, the

Committee of Ministers can award the applicant

just satisfaction, having regard to any proposals made by

the Commission;

2. Decides, therefore, unanimously, that the case will not be

considered by the Court.

Done in English and in French, and notified in writing on

15 January 1997 pursuant to Rule 34 para. 4 of Rules of Court B.

Signed: Carlo RUSSO

Chairman

Signed: Herbert PETZOLD

Registrar

LEXI

Lexploria AI Legal Assistant