Application No. 18350/91
by B.F.
against Austria
The European Commission of Human Rights (Second Chamber) sitting
in private on 2 December 1992, the following members being present:
MM. S. TRECHSEL, President of the Second Chamber
G. JÖRUNDSSON
A. WEITZEL
J.-C. SOYER
H.G. SCHERMERS
H. DANELIUS
Mrs. G. H. THUNE
MM. F. MARTINEZ
L. LOUCAIDES
J.-C. GEUS
Mr. K. ROGGE, Secretary to the Second Chamber
Having regard to Article 25 of the Convention for the Protection
of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 21 December 1990
by B.F. against Austria and registered on 13 June 1991 under file No.
18350/91;
Having regard to the report provided for in Rule 47 of the Rules
of Procedure of the Commission;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a German citizen born in 1967 and living in
Vienna. She is represented by Mr. Thomas Prader, a lawyer in Vienna.
It follows from the statements and the documents submitted that
on 14 December 1985 the applicant and four other persons were arrested
for having participated in an unauthorised demonstration. She was kept
by the police for several hours.
On 10 April 1986, the public prosecutor filed an indictment
accusing the applicant of having caused grievous bodily harm and having
offered resistance to public officials.
A first oral hearing took place before the Vienna Regional Court
(Landesgericht) on 12 June 1986. At this hearing, the defence named
several witnesses and was requested to indicate their addresses within
two weeks. At the same hearing, a television film of the demonstration
was examined. It is stated in the minutes of the hearing that the
applicant had been summoned but did not appear. On 6 May 1987, the
trial continued and the applicant, who was then present, requested that
the film which had been shown at the previous hearing be examined
again. Furthermore witness M. was heard while five other witnesses who
had been summoned at the request of the applicant did not appear. The
applicant was again requested to indicate the exact names and addresses
of these witnesses within two weeks.
At a hearing of 13 April 1989, two police officers named by the
prosecution and four witnesses named by the defence were heard while
five other summoned defence witnesses did not appear.
On 8 May 1989, the applicant was convicted of attempted
resistance against State officials, but acquitted on the charge of
grievous bodily harm. In accordance with section 13 of the Juvenile
Court Act (Jugendgerichtsgesetz) sentence was reserved for a period of
probation of 3 years.
On 15 May 1990, the Vienna Court of Appeal (Oberlandesgericht)
rejected the applicant's plea of nullity (Nichtigkeitsbeschwerde).
However, partially granting her appeal, it reduced the period of
probation to one year.
COMPLAINTS
The applicant has complained of the length of the criminal
proceedings against her. She has submitted that even if she did not
indicate the names and addresses of her witnesses, it would have been
the task of the court and the prosecuting authorities to find out the
whereabouts of these witnesses by way of police investigations and to
see to it that they be summoned in order to terminate the proceedings
as quickly as possible.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 21 December 1990 and registered
on 13 June 1991. On 13 February 1992, the Commission (Second Chamber)
decided to communicate the application to the respondent Government for
observations on its admissibility and merits. The respondent
Government submitted their observations on 9 July 1992. By letter of
17 September 1992, the applicant's counsel stated that the applicant
wished to withdraw her application.
REASONS FOR THE DECISION
As the application has been withdrawn, the Commission concludes
that the applicant does not intend to pursue her application. It finds
no reasons of a general character affecting the observance of the
Convention necessitating an examination of the application ex officio.
For these reasons, the Commission unanimously,
DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.
Secretary to the Second Chamber President of the Second Chamber
(K. ROGGE) (S. TRECHSEL)
Full & Egal Universal Law Academy