EUROPEAN COMMISSION OF HUMAN RIGHTS
FIRST CHAMBER
Application No. 20001/92
Muharrem Deniz
against
Austria
REPORT OF THE COMMISSION
(adopted on 24 October 1995)
TABLE OF CONTENTS
Page
INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . .1
PART I : STATEMENT OF THE FACTS. . . . . . . . . . . . . . .3
PART II : SOLUTION REACHED. . . . . . . . . . . . . . . . . .4
INTRODUCTION
1. This Report relates to the application introduced under Article
25 of the European Convention for the Protection of Human Rights and
Fundamental Freedoms by Muharrem Deniz against Austria on 6 May 1992.
It was registered on 15 May 1992 under file No. 20001/92.
The applicant was represented by Mr. Wilfried Ludwig Weh, a
lawyer practising in Bregenz.
The Government of Austria were represented by their Agent,
Ambassador F. Cede, Head of the International Law Department at the
Federal Ministry of Foreign Affairs.
2. On 31 August 1994 the Commission (First Chamber) declared the
application admissible. It then proceeded to carry out its task under
Article 28 para. 1 of the Convention which provides as follows:
"In the event of the Commission accepting a petition referred to
it:
a. it shall, with a view to ascertaining the facts, undertake
together with the representatives of the parties an examination
of the petition and, if need be, an investigation, for the
effective conduct of which the States concerned shall furnish all
necessary facilities, after an exchange of views with the
Commission;
b. it shall at the same time place itself at the disposal of
the parties concerned with a view to securing a friendly
settlement of the matter on the basis of respect for Human Rights
as defined in this Convention."
3. The Commission (First Chamber) found that the parties had reached
a friendly settlement of the case and on 24 October 1995 it adopted
this Report, which, in accordance with Article 28 para. 2 of the
Convention, is confined to a brief statement of the facts and of the
solution reached.
The following members were present when the Report was adopted:
Mr. C.L. ROZAKIS, President
Mrs. J. LIDDY
MM. E. BUSUTTIL
A.S. GÖZÜBÜYÜK
A. WEITZEL
M.P. PELLONPÄÄ
G.B. REFFI
B. CONFORTI
N. BRATZA
I. BÉKÉS
E. KONSTANTINOV
G. RESS
A. PERENIC
C. BÎRSAN
K. HERNDL
PART I
STATEMENT OF THE FACTS
4. The applicant is a Turkish citizen, born in 1971 and currently
resident in Turkey.
5. In 1975 he left Turkey together with his parents and siblings and
settled in Austria. In 1985 the Feldkirch Regional Court convicted him
of aggravated theft but deferred sentencing him for a probationary
period of three years. In 1986 the Regional Court convicted him of
burglary and sentenced him to three months' suspended imprisonment.
Later in 1986 the Regional Court sentenced him to a fine, having regard
to his recidivism.
6. In 1987 the Regional Court convicted the applicant of a further
burglary and again sentenced him to a fine. In 1989 he was ordered by
the Feldkirch District Administrative Authority to pay a fine for
having violated the Border Control Act as well as a fine for having
violated the Passport Act.
7. In January 1990 the applicant's residence permit expired. In
April 1990 the District Administrative Authority imposed a residence
prohibition on him which would be valid until the end of the year 2000.
In June 1990 he was deported to Turkey.
8. In June 1991 the Constitutional Court refused to entertain the
applicant's complaint. In October 1991 the Administrative Court
dismissed his further complaint.
9. Before the Commission the applicant complained that his expulsion
from Austria and the related residence prohibition imposed on him
violated his right to respect for his private and family life, as
enshrined in Article 8 of the Convention.
PART II
SOLUTION REACHED
10. Following the decision on the admissibility of the application,
the Commission (First Chamber) placed itself at the disposal of the
parties with a view to securing a friendly settlement in accordance
with Article 28 para. 1 (b) of the Convention and invited the parties
to submit any proposals they wished to make.
11. In accordance with the usual practice, the Chamber Secretary,
acting on the Commission's instructions, contacted the parties to
explore the possibilities of reaching a friendly settlement. Following
an exchange of letters the parties' representatives met in Strasbourg
on 26 April 1995 in the presence of the Secretary to the Chamber.
12. Following a further exchange of letters the applicant and the
respondent Government informed the Commission by letters of 16 August
and 15 September 1995, respectively, that they had agreed on the terms
of a friendly settlement. They submitted signed copies of the following
declaration:
(German)
"Erklärungen der Parteien zur gütlichen Regelung
In der Individualbeschwerde Nr. 20001/92 des Herrn Muharrem Deniz
verständigen sich die Parteien unter Bezugnahme auf Artikel 28 Abs. 1
(b) der Europäischen Konvention zum Schutze der Menschenrechte und
Grundfreiheiten und auf die in Straßburg am 26 April 1995 zwischen den
Parteien in Anwesenheit der Sekretärin der Ersten Kammer geführten
Gespräche und unter Mitwirkung der Europäischen Kommission für
Menschenrechte auf die nachstehende gütliche Regelung:
1. Dem Beschwerdeführer wird eine Aufenthaltsberechtigung
ausgestellt.
2. Die österreichische Regierung zahlt als Ausgleich für
sämtliche etwaige Ansprüche im Zusammenhang mit der
vorliegenden Individualbeschwerde die Summe von AS
120,000.00. Dieser Betrag umfaßt AS 80,000.00 hinsichtlich
der Kosten und Auslagen, die im Rahmen des Verfahrens vor
der Kommission entstanden sind.
Der Betrag von AS 120,000.00 wird an Herrn Dr. W.L. Weh,
den Verfahrensbevollmächtigten des Beschwerdeführers,
überwiesen.
3. Der Beschwerdeführer erklärt seine oben genannte
Beschwerde als erledigt.
4. Der Beschwerdeführer verzichtet auf die Geltendmachung
allfälliger weiterer Forderungen gegen die Republik
Österreich im Zusammenhang mit dem der Beschwerde
zugrundeliegenden Sachverhalt."
(translation)
"Declaration of the parties as to a friendly settlement
In Application No. 20001/92 by Muharrem Deniz, the parties, with
reference to Article 28 para. 1 (b) of the European Convention for the
Protection of Human Rights and Fundamental Freedoms, to the discussions
between the parties in Strasbourg on 26 April 1995 in the presence of
the Secretary to the First Chamber and to the assistance of the
European Commission of Human Rights, declare as follows:
1. The applicant will be granted a residence permit.
2. The Austrian Government will pay the applicant AS
120,000 as compensation for all possible claims relating to
the present application. This sum includes AS 80,000 in
respect of the costs and expenses incurred in the
proceedings before the Commission.
The sum of AS 120,000 will be paid to the applicant's
counsel, Mr. W.L. Weh.
3. The applicant declares his above-mentioned application
settled.
4. The applicant waives any further claims against the
Republic of Austria relating to the facts of the present
application."
13. At its session on 24 October 1995, the Commission noted that the
parties had reached an agreement regarding the terms of a settlement.
It further considered, having regard to Article 28 para. 1 (b) of the
Convention, that the friendly settlement of the case had been secured
on the basis of respect for Human Rights as defined in the Convention.
14. For these reasons, the Commission adopted the present Report.
Secretary to the First Chamber President of the First Chamber
(M.F. BUQUICCHIO) (C.L. ROZAKIS)
Full & Egal Universal Law Academy