The Committee of Ministers,
Having regard to Article 32 (art. 32) of the European 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, and relating to the Applications lodged respectively by
Franz Pataki (No. 596/59) and Johann Dunshirn (No. 789/60), Austrian
nationals, against Austria;
Whereas the Commission transmitted the said Report to the Committee of
Ministers on 6th May 1963, and whereas the period of three months
provided for in Article 32, paragraph 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 their Applications, the applicants complain of several
violations of Article 6 (art. 6) of the Convention, alleged to have
taken place during judicial proceedings instituted against each of
them separately in Austria, as a result of which they were convicted
of certain criminal offences;
Whereas the Commission, having rejected part of the Application
of Mr Pataki as inadmissible, retained as admissible, for the purpose
of establishing the facts and formulating an opinion thereon, the
following issues:
1. as regards the Application of Pataki
the compatibility of section 294, paragraph 3 of the Austrian Code of
Criminal Procedure and of the procedure followed by the Regional Court
of Appeal in the present case with the provisions of Article 6,
paragraph (1) and paragraph (3) sub-paragraph (c) (art. 6-1, art. 6-3-c)
of the Convention;
2. as regards the Application of Dunshirn
the entire application in which "the Applicant alleged that there had
been a violation of Article 6 (art. 6), in that neither the Applicant
nor his lawyer was allowed to be present during the proceedings before
the Regional Court of Appeal and that only the arguments of the Public
Prosecutor were heard";
Whereas the Commission, after ordering the joinder of these two
cases in accordance with Rule 39 of its Rules of Procedure, expressed
in its Report, adopted on 28 March 1963, the opinion:
"that the proceedings conducted in the present cases on the basis of
section 294, paragraph (3), of the Code of Criminal Procedure, as it was
then worded, were not in conformity with the Convention";
Whereas by an Act entitled "Federal Law of 27 March 1963 on the
reopening of appeal proceedings in criminal cases" (Bundesgesetz vom
27 März 1963 über die Erneuerung von Berufungsverfahren in
Strafsachen, BGBl, Nr. 66/1963), the Austrian legislation has been
amended in such a way as to make available a new means of access to
the courts, which will now permit the applicants, MM. Pataki and
Dunshirn, to have their cases re-examined by the Austrian Courts;
Whereas the Commission considers that this new procedure which has
been instituted will not give rise to the objections which it
expressed concerning the previous procedure;
Whereas these two cases are analogous;
Agreeing with the reasoning of the Commission;
Voting in accordance with the provisions of Article 32, paragraph (1)
(art. 32-1), of the Convention,
Maintains the joinder of the cases of Franz Pataki (No. 596/59)
and Johann Dunshirn (No. 789/60);
Takes note of the Report of the Commission;
Taking account of the amendment made to the Austrian legislation
by the said Federal Law of 27 March 1963;
Expressing its satisfaction at the legislative measures
introduced by the Austrian Government to ensure the full application
of the Convention on Human Rights,
Decides that no further action is required in the present cases.