Search
document

Document text Analytics

HUBER AGAINST AUSTRIA

Doc ref: 4517/70 • ECHR ID: 001-49217

Document date: April 15, 1975

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

HUBER AGAINST AUSTRIA

Doc ref: 4517/70 • ECHR ID: 001-49217

Document date: April 15, 1975

Cited paragraphs only

The Committee of Ministers,

Having regard to Article 32 (art. 32) of the Convention for the

Protection of Human Rights and Fundamental Freedoms (hereinafter

referred to as "the Convention");

Having regard to the report drawn up by the European Commission

of Human Rights in accordance with Article 31 (art. 31) of the Convention,

relating to the application lodged by Mr Herbert Huber against Austria

(No. 4517/70);

Whereas on 12 April 1973, the Commission transmitted the said report

to the Committee of Ministers and whereas the period of three months

provided for in Article 32.1 (art. 32-1) of the Convention has elapsed

without the case having been brought before the Court, in pursuance of

Article 48 (art. 48) of the Convention;

Whereas in his application introduced on 16 June 1970 the

applicant complained of violation of several articles of the

Convention alleged to have taken place during his detention;

Whereas the Commission, after having declared inadmissible certain

parts of the application, declared admissible on 14 July 1971 the

complaint alleging violation of Article 6.1 (art. 6-1) by reason of

the length of the criminal proceedings against him;

Whereas the Commission, in its report adopted on 8 February 1973,

has underlined the fact that in the course of its examination of the

present case it had regard to the judgment of the European Court of

Human Rights in the "Neumeister Case"; it being of the opinion,

however, that although there is an essential similarity in the two

cases, there are, nevertheless, substantial differences;

Whereas the Commission has expressed the opinion, by eight votes to

two, that the total period required to determine the criminal charges

against the applicant was not reasonable within the meaning of

Article 6.1 (art. 6-1) of the Convention and that there had therefore

been a breach of that provision in the present case;

Having regard to the memorandum of 1 October 1974 from the Austrian

Government, where reference has been made to the judgment of the

European Court in the "Neumeister Case", and having regard to the view

of the Austrian Government expressed in the course of the proceedings

under Article 32.1 (art. 32-1) of the Convention, that in view of the

complexity of the proceedings, of the difficulties resulting from the

rogatory commissions requested from foreign countries and of the

obstructive conduct of the applicant, Article 6.1 (art. 6-1) had not

been violated;

Voting in accordance with the provisions of Article 32.1 (art. 32-1)

of the Convention, but without attaining the majority of two thirds of

the members entitled to sit,

Decides therefore that no further action is called for in this

case.

LEXI

Lexploria AI Legal Assistant