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CASE OF W.S. v. AUSTRIA

Doc ref: 20566/92 • ECHR ID: 001-30

Document date: September 13, 1995

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Cited paragraphs: 0
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CASE OF W.S. v. AUSTRIA

Doc ref: 20566/92 • ECHR ID: 001-30

Document date: September 13, 1995

Cited paragraphs only

In the case of W.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),

_______________

Notes by the Registrar

1. The case is numbered 40/1995/546/632. 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 29 June and

5 September 1995, and composed of the following judges:

Mr Thór Vilhjálmsson, Chairman,

Mr F. Gölcüklü,

Mr F. Matscher,

and also of Mr H. Petzold, Registrar,

Having regard to the application against the Republic of

Austria lodged with the Court on 22 May 1995 by an Austrian national,

Mr W.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 11 January 1995

on the application (no. 20566/92) lodged with the Commission by Mr W.S.

on 22 July 1992;

Whereas the applicant complained of the length of criminal

proceedings which had been brought against him before the Austrian

courts, and alleged a breach of Article 6 para. 1 (art. 6-1) of the

Convention, under which "In the determination of ... any criminal

charge against him, everyone is entitled to a ... hearing within a

reasonable time 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 holding that there had

been a breach of Article 6 para. 1 (art. 6-1) of the Convention and

ordering the respondent State to reimburse his costs and expenses and

pay him compensation for the non-pecuniary damage he had allegedly

sustained, in a sum which should be large enough to encourage the

competent authorities to take all necessary steps to expedite criminal

proceedings in Austria;

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 "reasonable time"

requirement in Article 6 para. 1 (art. 6-1) of the

Convention; 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

13 September 1995 pursuant to Rule 34 para. 4 of Rules of Court B.

Signed: THÓR VILHJÁLMSSON

Chairman

Signed: Herbert PETZOLD

Registrar

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