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GLASER AND OTHERS AGAINST AUSTRIA

Doc ref: 834/60, 964/60, 1180/61, 1207/61, 1308/61, 1526/62, 1543/62, 1549/62, 1567/62, 1631/62, 1632/62, 163... • ECHR ID: 001-49204

Document date: June 5, 1964

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GLASER AND OTHERS AGAINST AUSTRIA

Doc ref: 834/60, 964/60, 1180/61, 1207/61, 1308/61, 1526/62, 1543/62, 1549/62, 1567/62, 1631/62, 1632/62, 163... • ECHR ID: 001-49204

Document date: June 5, 1964

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 all the fourteen above-mentioned

Applications, Glaser and others, lodged against Austria;

Whereas the Commission transmitted the said Report to the Committee of

Ministers on 10th January 1964, and whereas the period of three months

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

has elapsed without these cases having been brought before the Court

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

Whereas, in their respective Applications, all the Applicants complain

of several violations of Article 6 (art. 6) of the Convention alleged

to have taken place during judicial proceedings instituted against

each of them separately in Austria, as a result of which they were

convicted of certain criminal offences;

Whereas the Commission retained as admissible the following

issues:

1. as regards the Application of Hans Glaser (No. 834/60)

the compatibility of former Section 294, paragraph 3, of the Austrian

Code of Criminal Procedure and of the proceedings before the Court of

Appeal of Vienna in this case, including the lack of legal assistance,

with the provisions of Article 6, paragraph 1 (art. 6-1) and

paragraph 3, sub-paragraphs (b) and (c) (art. 6-3-b, art. 6-3-c), of the

Convention;

2. as regards the Application of Friedrich Steinko (No. 964/60)

the entire Application in which the Applicant alleged violations of

Article 6 (art. 6) in that the decision of the Court of Appeal was

given after a hearing in closed session at which neither he nor his

lawyer was present;

3. as regards the Application of Karl Steinhauser (No. 1180/61)

the compatibility of the proceedings in the case before the Regional

Court of Wiener Neustadt with Article 6 (art. 6) of the Convention;

4. as regards the Application of Johann Maurer (No. 1207/61)

the compatibility of the proceedings in the case before the Court of

Appeal of Vienna with the provisions of Article 6 (art. 6) of the

Convention;

5. as regards the Application of Otto Pietsch (No. 1308/61)

that part of the Application relating to an alleged violation of

Article 6, paragraphs 1 and 3 (c) (art. 6-1, art. 6-3-c), of the

Convention;

6. as regards the Application of Ekkehard Eichberger (No. 1526/62)

the entire Application in which it was alleged that in his case the

requirements of Article 6 (art. 6) were not complied with before the

Court of Appeal of Linz which decided his appeal in the absence of the

Applicant and his lawyer after hearing the Senior Public Prosecutor;

7. as regards the Application of Hans Nemec (No. 1543/62)

the entire Application in which it was alleged that the proceedings in

this case before the Court of Appeal of Vienna were incompatible with

the provisions of Article 6, paragraphs 1 and 3 (c) (art. 6-1,

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

8. as regards the Application of Kurt Mölzer (No. 1549/62)

that part of the Application in which it was alleged that the hearing

of the Applicant's appeal before the Court of Appeal of Vienna did not

comply with the requirements of Article 6 (art. 6) of the Convention,

as it did not constitute a "fair hearing" and was conducted in

disregard of the rights of the defence;

9. as regards the Application of Ludwig, Friedrich and Adolf Lettl

(No. 1567/62)

that part of the Application in which it was alleged that the

proceedings in the case before the Court of Appeal of Vienna,

including the lack of legal assistance, constituted a violation of

Article 6, paragraph 1 (art. 6-1) and paragraph 3, sub-paragraphs (b)

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

10. as regards the Application of Walter Vesezcky (No. 1631/62)

the entire Application in which it was alleged that the hearing of

cross-appeals by the Applicant and the Public Prosecutor before the

Court of Appeal of Vienna, held in closed session in the presence only

of the Senior Public Prosecutor, constituted a violation of Article 6

(art. 6) of the Convention;

11. as regards the Application of Anton Cerny (No. 1632/62)

the allegation that the proceedings before the Court of Appeal of

Vienna in this case constituted a violation of Article 6 (art. 6) of

the Convention, no decision having been taken, however, on the other

allegation that Article 5, paragraph 1, sub-paragraph (a) (art. 5-1-a),

had also been violated;

12. as regards the Application of Mathias Schleritzko (No. 1634/62)

the entire Application in which it was alleged that the proceedings in

the case before the Court of Appeal of Vienna constituted a violation

of Article 6, paragraph 1 (art. 6-1) and paragraph 3,

sub-paragraphs (b) and (c) (art. 6-3-b, art. 6-3-c), of the

Convention;

13. as regards the Application of Walter Schostal (No. 1640/62)

that part of the Application in which it was alleged that the

proceedings on the Applicant's appeal before the Court of Appeal of

Linz, at which the Public Prosecutor was heard and the Applicant

was not present, constituted a violation of Article 6 (art. 6) of the

Convention;

14. as regards the Application of Karl Albrecht (No. 1735/62)

that part of the Application in which it was alleged that the

proceedings in this case before the Court of Appeal of Vienna at which

the Public Prosecutor was heard and not the Applicant or his lawyer,

constituted a violation of Article 6 (art. 6) of the Convention;

Whereas the Commission has joined these fourteen Applications in

accordance with Rule 39 of its Rules of Procedure;

Whereas the Commission, in its decision on the admissibility of

each case, concluded that these Applications were in the same category

of cases as those of Pataki and Dunshirn against Austria;

Whereas with regard to these cases the Commission had already

adopted its Report on 28th March 1963, and had stated therein its

opinion that the proceedings conducted in those cases were not in

conformity with the Convention;

Whereas the Committee of Ministers in its Resolution (63) DH 2 of

16th September 1963 expressed its agreement with the reasoning of the

Commission, as regards these two cases;

Whereas the Commission limited its consideration of the present

fourteen cases to the question of admissibility and considered that it

would not be realistic to set up a Sub-Commission in accordance with

Articles 28 and 29 (art. 28, art. 29) of the Convention as the facts

were fully ascertained and the question of a friendly settlement did

not arise;

Considering that this exceptional procedure is explained by

reason of the fact that during the examination of these cases the

Austrian legislation has been amended by the Federal Law of

27th March 1963, in such a way as to permit all these applicants to have

their cases re-examined by the Austrian courts;

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,

Maintains the joinder of these fourteen Applications;

Taking account of its Resolution (63) DH 2 in the cases of Pataki

and Dunshirn against Austria, the reasoning of which is applicable to

the present cases;

Expressing its satisfaction at the legislative measures

introduced by the Austrian Government to ensure the full application

of the Convention on Human Rights,

Decides that no further measures need be taken in the present

case.

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