Application No. 21874/93
by C. Z.
against Austria
The European Commission of Human Rights sitting in private on
2 March 1994, the following members being present:
MM. A. WEITZEL, President
C.L. ROZAKIS
F. ERMACORA
E. BUSUTTIL
A.S. GÖZÜBÜYÜK
Mrs. J. LIDDY
MM. M.P. PELLONPÄÄ
B. MARXER
G.B. REFFI
B. CONFORTI
N. BRATZA
I. BÉKÉS
E. KONSTANTINOV
Mrs. M.F. BUQUICCHIO, 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 10 May 1993 by
C. Z. against Austria and registered on 17 May 1993 under file
No. 21874/93;
Having regard to the submissions made by the respondent
Government on 9 January 1991 according to which the parties enetered
into an areement to settle the above case;
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 an Austrian national resident in Steyr. He is
represented by MM. Lechner and Wirleitner, lawyers practising in Steyr.
In May 1992 the applicant was arrested on the suspicion of theft,
and subsequently taken into remand. In July 1992 the Steyr Regional
Court acquitted the applicant on the ground that his guilt could not
be established. The applicant was released.
On 4 September 1992 the Steyr Regional Court dismissed the
applicant's request for compensation in respect of his detention on
remand on the ground that, assessing the evidence obtained at the
trial, important elements of suspicion had remained. The applicant's
appeal was of no avail.
COMPLAINTS
The applicant complained under Article 6 para. 2 of the
Convention that the refusal of compensation on the ground of continuing
suspicion against him violated the presumption of innocence.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 10 May 1993 and registered on
17 May 1993.
On 7 September 1993 the Commission decided to communicate the
application to the respondent Government for observations on the
admissibility and merits.
On 19 January 1994 the Government informed the Commission that
they had come to an agreement with the applicant according to which the
Government of Austria will pay to the applicant the sum of AS 31,518.50
as compensation in respect of all possible claims relating to the
present application; the applicant declares his application settled and
waives any further claims relating to the present application.
REASONS FOR THE DECISION
The Commission notes that the applicant, following an agreement
reached with the respondent Government, does not intend to pursue his
application.
In these circumstances, the Commission finds that it is not
justified to continue the examination of the present application,
pursuant to Article 30 para. 1 (a) and (b) of the Convention.
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 the application.
For these reasons, the Commission, unanimously
DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.
Secretary to the First Chamber President of the First Chamber
(M.F. BUQUICCHIO) (A. WEITZEL)
Full & Egal Universal Law Academy