EUROPEAN COMMISSION OF HUMAN RIGHTS
FIRST CHAMBER
Application No. 17617/89
Walter Poscher
against
Austria
REPORT OF THE COMMISSION
(adopted on 11 May 1993)
TABLE OF CONTENTS
Page
I. THE PARTIES
(paras. 1 - 2) . . . . . . . . . . . . . . . . . . . . .1
II. SUMMARY OF THE FACTS
(paras. 3 - 7) . . . . . . . . . . . . . . . . . . . . .1
III. PROCEEDINGS BEFORE THE COMMISSION
(paras. 8 - 13). . . . . . . . . . . . . . . . . . . . .1
IV. THE DECISION OF THE COMMISSION
(para. 14) . . . . . . . . . . . . . . . . . . . . . . .2
APPENDIX I : DECISION ON THE ADMISSIBILITY. . . . . . . . .3
I. THE PARTIES
1. The present Report, which was drawn up by the European Commission
of Human Rights (First Chamber) in accordance with
Article 30 para. 2 of the Convention, concerns the application brought
by Walter Poscher against Austria.
2. The applicant, born in 1924, is an Austrian national and resident
in Vienna. Before the Commission he is represented by
Mr. K. Bernhauser, a lawyer practising in Vienna.
The Austrian Government were represented by their Agent,
Ambassador H. Türk, Head of the International Law Department at the
Federal Ministry of Foreign Affairs.
II. SUMMARY OF THE FACTS
3. The facts of the case as submitted at the admissibility stage are
set out in the Commission's decision as to the admissibility of the
application of 31 March 1993, attached hereto as Appendix I. They may
be summarised as follows :
4. In 1976 criminal proceedings were instituted against the
applicant on the suspicion of corruption, and various tax offences.
In 1977 proceedings concerning charges of tax evasion were separated
from the main proceedings and provisionally discontinued. Following
a conviction in the main proceedings in November 1977, the criminal
proceedings concerning tax evasion were resumed in 1990. In March 1992
these proceedings were discontinued on the ground that prosecution had
become statute-barred.
5. Before the Commission the applicant complained under Article 6
of the Convention about the length of the criminal proceedings against
him.
6. On 16 September 1992 the applicant requested the Federal Ministry
of Justice that, as a measure of grace, the entry of his conviction in
the criminal register be cancelled, or access to information about the
entry restricted. On 22 February 1993 he offered to withdraw his
application with the Commission, should his request for pardon be
granted.
7. On 12 March 1993 the applicant's request was granted to the
extent that access to the information from the criminal registry was
restricted. The decision was served upon him on 21 April 1993.
III. PROCEEDINGS BEFORE THE COMMISSION
8. The application was introduced on 23 November 1990 and registered
on 8 January 1991.
9. On 13 January 1992 the Commission decided to communicate the
application to the respondent Government. The Government's
observations were, after an extension of the time-limit, submitted on
7 July 1992. Upon a reminder, the applicant's observations in reply
were submitted on 17 December 1992.
10. On 31 March 1993 the Commission declared the application
admissible.
11. By letter of 22 April 1993 the applicant informed the Commission
that, in view of the above-mentioned arrangement, he did not wish to
pursue his application.
12. On 11 May 1993 the Commission decided to strike the present
application off its list of cases, in accordance with
Article 30 para. 1 (a) and (b) of the Convention, the following members
being present :
MM. J.A. FROWEIN, President of the First Chamber
F. ERMACORA
G. SPERDUTI
E. BUSUTTIL
A.S. GÖZÜBÜYÜK
Sir Basil HALL
Mr. C.L. ROZAKIS
Mrs. J. LIDDY
MM. M. PELLONPÄÄ
G.B. REFFI
13. It adopted the present Report and decided to transmit it to the
Committee of Ministers and the parties for information and to publish
it.
IV. THE DECISION OF THE COMMISSION
14. Having regard to Article 30 para. 1 (a) and (b) of the
Convention, the Commission notes that the applicant does not intend to
pursue his petition on the ground that the matter has been resolved
following the above arrangement between the Parties.
Furthermore, in accordance with Article 30 para. 1 in fine, the
Commission finds no special circumstances regarding respect for human
rights as defined in the Convention which require the continuation of
the examination of the application.
For these reasons, the Commission unanimously
DECIDES TO STRIKE APPLICATION NO. 17617/89 OFF ITS LIST OF CASES;
ADOPTS THE PRESENT REPORT;
DECIDES TO SEND THE PRESENT REPORT to the Committee of Ministers
for information, to send it also to the parties and to publish
it.
Secretary to the First Chamber President of the First Chamber
(M.F. BUQUICCHIO) (J.A. FROWEIN)
Full & Egal Universal Law Academy