CASE OF M.S. v. AUSTRIA
Doc ref: 22048/93 • ECHR ID: 001-71
Document date: May 15, 1996
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In the case of M.S. 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),
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Notes by the Registrar
1. The case is numbered 14/1996/633/817. 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).
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Sitting in private at Strasbourg on 29 March and 23 April 1996,
and composed of the following judges:
Mr L.-E. Pettiti, Chairman,
Mr F. Matscher,
Mr B. Walsh,
and also of Mr H. Petzold, Registrar,
Having regard to the application against the Republic of Austria
lodged with the Court on 6 February 1996 by an Austrian national,
Mr M.S., within the three-month period laid down by Article 32
para. 1 and Article 47 (art. 32-1, art. 47) of the Convention;
Whereas Austria has recognised the compulsory jurisdiction of the
Court (Article 46 of the Convention) (art. 46) and ratified
Protocol No. 9 (P9) to the Convention, Article 5 (P9-5) of which amends
Article 48 (art. 48) of the Convention 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) (art. 48-1-a, art. 48-1-d) of the
Convention;
Having regard to the Commission's report of 18 October 1995 on
the application (no. 22048/93) lodged with the Commission by Mr M.S.
on 31 January 1993;
Whereas the applicant, who is serving a prison sentence,
complained of the refusal to allow him to correspond with another
person, and alleged a breach of Article 8 (art. 8) of the Convention,
which guarantees the right to respect for one's private and family life
and correspondence;
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 holding that his rights
under Article 8 (art. 8) of the Convention had been violated and
ordering the respondent State to pay him compensation by way of just
satisfaction for the damage that such violation had allegedly caused
him;
Having regard to Article 48 (art. 48) of the Convention 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 requirements
of Article 8 (art. 8) of the Convention with regard to
prisoners' correspondence; 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 of the Council of Europe 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 May 1996 pursuant to Rule 34 para. 4 of Rules of Court B.
Signed: Louis-Edmond PETTITI
Chairman
Signed: Herbert PETZOLD
Registrar