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PLISCHKE AGAINST AUSTRIA

Doc ref: 1446/62 • ECHR ID: 001-49205

Document date: April 9, 1965

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Cited paragraphs: 0
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PLISCHKE AGAINST AUSTRIA

Doc ref: 1446/62 • ECHR ID: 001-49205

Document date: April 9, 1965

Cited paragraphs only

The Committee of Ministers,

Having regard to Article 32 (art. 32) of the European 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 relating to the Application lodged by Oskar Plischke

against Austria (No. 1446/62);

Whereas the Commission transmitted the said Report to the Committee of

Ministers on 21st December 1964, and whereas the period of three months

provided for in Article 32, paragraph 1 (art. 32-1), of the

Convention has elapsed without this case having been brought before

the Court in pursuance of Article 48 (art. 48) of the Convention;

Whereas, in his Application, the Applicant complains of several

violations of the Convention alleged to have taken place during

judicial proceedings instituted against him in Austria, as a result of

which, in December 1961, he was convicted of certain criminal offences

and sentenced to three years' imprisonment;

Whereas the Commission declared the Application admissible in so far

as it relates to alleged violations of Article 6, paragraphs 1

and 3 (c) (art. 6-1, art. 6-3-c), of the Convention;

Whereas the Commission's said decision declaring the Application

admissible had the effect in Austrian law of entitling the Applicant

to have the proceedings re-opened before the Supreme Court of Austria

under the provisions of the Federal Act of 27th March 1963 on the

re-opening of appeal proceedings in criminal cases (Bundesgesetzblatt,

1963, No. 66);

Whereas, in its Report, the Commission states that the Applicant

availed himself of the right and that his sentence was reduced from

three years' imprisonment to two and a half years' imprisonment;

Whereas the Commission considered that as a result of this

development it was no longer required to express an opinion whether or

not the circumstances in which the applicant was convicted and

sentenced in December 1961 constituted a violation of the Convention

and that, without following the procedure of setting up a

Sub-Commission, it might limit itself to stating that in the final

resort the Applicant's case received a fair hearing in accordance with

the requirement of Article 6 (art. 6) of the Convention;

Whereas the Commission expresses the opinion that in this case

there is no violation of the Convention;

Considering that the Committee of Ministers is called on to take a

decision in circumstances which are not exactly those envisaged in

Article 32 (art. 32) of the Convention and that the Committee should

act as closely as possible in accordance with the spirit of that

Article;

Voting in accordance with the provisions of Article 32,

paragraph 1 (art. 32-1), of the Convention;

Expressing its satisfaction with the measures taken to ensure in

this case the full application of the Convention on Human Rights,

Decides that no further measures need be taken.

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