The Committee of Ministers,
Having regard to Article 32 (art. 32) of the 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 in accordance with Article 31 (art. 31) of the Convention,
relating to the application lodged by Mr Herbert Huber against Austria
(No. 4517/70);
Whereas on 12 April 1973, the Commission transmitted the said report
to the Committee of Ministers and whereas the period of three months
provided for in Article 32.1 (art. 32-1) of the Convention has elapsed
without the case having been brought before the Court, in pursuance of
Article 48 (art. 48) of the Convention;
Whereas in his application introduced on 16 June 1970 the
applicant complained of violation of several articles of the
Convention alleged to have taken place during his detention;
Whereas the Commission, after having declared inadmissible certain
parts of the application, declared admissible on 14 July 1971 the
complaint alleging violation of Article 6.1 (art. 6-1) by reason of
the length of the criminal proceedings against him;
Whereas the Commission, in its report adopted on 8 February 1973,
has underlined the fact that in the course of its examination of the
present case it had regard to the judgment of the European Court of
Human Rights in the "Neumeister Case"; it being of the opinion,
however, that although there is an essential similarity in the two
cases, there are, nevertheless, substantial differences;
Whereas the Commission has expressed the opinion, by eight votes to
two, that the total period required to determine the criminal charges
against the applicant was not reasonable within the meaning of
Article 6.1 (art. 6-1) of the Convention and that there had therefore
been a breach of that provision in the present case;
Having regard to the memorandum of 1 October 1974 from the Austrian
Government, where reference has been made to the judgment of the
European Court in the "Neumeister Case", and having regard to the view
of the Austrian Government expressed in the course of the proceedings
under Article 32.1 (art. 32-1) of the Convention, that in view of the
complexity of the proceedings, of the difficulties resulting from the
rogatory commissions requested from foreign countries and of the
obstructive conduct of the applicant, Article 6.1 (art. 6-1) had not
been violated;
Voting in accordance with the provisions of Article 32.1 (art. 32-1)
of the Convention, but without attaining the majority of two thirds of
the members entitled to sit,
Decides therefore that no further action is called for in this
case.