Application No. 21684/93
by Boreslav BOZOVIC
against Austria
The European Commission of Human Rights (Second Chamber) sitting
in private on 29 June 1994, the following members being present:
MM. S. TRECHSEL, President
H. DANELIUS
G. JÖRUNDSSON
J.-C. SOYER
H.G. SCHERMERS
Mrs. G.H. THUNE
MM. F. MARTINEZ
L. LOUCAIDES
J.-C. GEUS
M.A. NOWICKI
I. CABRAL BARRETO
J. MUCHA
D. SVÁBY
Mr. K. ROGGE, Secretary to the 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 11 February 1993
by Boreslav Bozovic against Austria and registered on 19 April 1993
under file No. 21684/93;
Having regard to the reports provided for in Rule 47 of the Rules
of Procedure of the Commission;
Having regard to the observations submitted by the respondent
Government on 23 December 1993 and the observations in reply submitted
by the applicant on 3 March 1994; the Government's further informations
of 5 April 1994 and the applicant's further informations of
22 March 1994;
Having deliberated;
Decides as follows:
THE FACTS
The applicant, born in 1949, is of Yugoslav origin and resident
in Vienna. Before the Commission he is represented by Mr. G.
Winterstein, a lawyer practising in Vienna.
On 17 December 1991 the Vienna Federal Police Department
(Bundespolizeidirektion) opened investigations against the applicant
on the suspicion of forgery of a document, namely his Yugoslav driving
licence. His Yugoslav driving licence as well as his Austrian driving
licence were seized.
On 11 October 1993 the Vienna Regional Criminal Court
(Landesgericht für Strafsachen) decided to discontinue the proceedings
against the applicant. The driving licences were returned to him.
COMPLAINTS
The applicant complained under Article 6 of the Convention about
the length of preliminary investigations against him.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 11 February 1993 and registered
on 19 April 1993.
On 1 September 1993 the Commission decided to communicate the
application to the respondent Government for observations on the
admissibility and merits.
On 23 December 1993 the Government submitted their observations.
The observations in reply by the applicant were submitted on
3 March 1994. In their further submissions of 5 April 1994 the
Government informed the Commission that an agreement, including a
payment of compensation, had been reached with the applicant. In his
submission of 22 March 1994, the applicant stated that he did not wish
to pursue his application.
REASONS FOR THE DECISION
The Commission notes that following an agreement between the
parties, including a payment of compensation, the applicant does not
intend to pursue his application.
In these circumstances, the Commission finds pursuant to
Article 30 para. 1 (a) of the Convention that it is not justified to
continue the examination of the present application. Moreover, there
are no reasons of a general character affecting respect for Human
Rights as defined in this Convention which require the further
examination of this application.
For these reasons, the Commission, unanimously,
DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.
Secretary to the Second Chamber President of the Second Chamber
(K. ROGGE) (S. TRECHSEL)
Full & Egal Universal Law Academy