EUROPEAN COMMISSION OF HUMAN RIGHTS
FIRST CHAMBER
Application No. 15321/89
Franz SCHIEHSER
against
AUSTRIA
REPORT OF THE COMMISSION
(adopted on 20 October 1992)
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 Franz Schiehser against Austria on
21 April 1989. It was registered on 31 July 1989 under file
No. 15321/89.
The applicant was represented by Mr. F. C. Obendorfer, a lawyer
practising in Vienna.
The Government of Austria were represented by their Agent,
Ambassador H. Türk, Head of the International Law Department at the
Federal Ministry of Foreign Affairs.
2. The application related to the fairness and length of criminal
proceedings against the applicant. On 16 October 1991 the Commission
declared the complaint on the length admissible, rejected the remainder
of the application and referred the application to the First Chamber.
3. The Commission (First Chamber) 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."
4. The Commission found that the parties had reached a friendly
settlement of the case and on 20 October 1992 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.
-------------
(1) This decision is public and may be obtained from the Commission's
Secretariat on request.
The following members were present when the Report was adopted:
MM. E. BUSUTTIL, Acting President of the First Chamber
F. ERMACORA
Sir Basil HALL
Mr. C. L. ROZAKIS
Mrs. J. LIDDY
MM. M.P. PELLONPÄÄ
B. MARXER
PART I
STATEMENT OF THE FACTS
5. On 24 October 1980 the police authorities laid charges against
the applicant and on 7 July 1981 he was indicted on two counts of
taking bribes. On 26 November 1981 supplementary preliminary
investigations were started on the suspicion that the applicant had
been corrupted, in his position as a civil servant, by the taking of
bribes. On 16 June 1988 the applicant was convicted by the Vienna
Regional Court (Landesgericht) on two counts of taking bribes and
sentenced to two months' imprisonment. He was granted probation. As
regards the remaining charges he was acquitted.
An appeal and a plea of nullity were rejected by the Supreme
Court (Oberster Gerichtshof) on 24 November 1988.
PART II
SOLUTION REACHED
6. 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.
7. 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.
8. By letters of 27 and 29 July 1992 the applicant's representative
and the Agent of the Government submitted the following identical
declarations on the agreement reached between the applicant and the
Government in July 1992:
[German Original]
"Erklärungen der Parteien zur gütlichen Regelung
In der Individualbeschwerde Nr. 15321/89 des Herrn
Franz SCHIEHSER verständigen sich die Parteien unter Bezugnahme auf
Artikel 28 Abs. 1 der Europäischen Konvention zum Schutze der
Menschenrechte und Grundfreiheiten und unter Mitwirkung der
Europäischen Kommission für Menschenrechte auf die nachstehende
gütliche Regelung:
1. Die Regierung der Republik Österreich zahlt dem
Beschwerdeführer als Ausgleich für sämtliche etwaigen Ansprüche
im Zusammenhang mit der vorliegenden Individualbeschwerde einen
Betrag von ÖS 50,000 sowie ÖS 30,000 zum Ausgleich der Kosten des
Beschwerdeverfahrens.
2. Der Beschwerdeführer erklärt seine oben genannte Beschwerde
als erledigt.
3. Der Beschwerdeführer verzichtet auf die Geltendmachung
allfälliger weiterer Forderungen gegen die Republik Österreich
im Zusammenhang mit dem der Beschwerde zugrundeliegenden
Sachverhalt.
[Translation]
"Declaration by the parties with a view to a friendly settlement
In connection with Application No. 15321/89 by Mr. Schiehser, the
parties, with reference to Article 28 para. 1 of the European
Convention on Human Rights and with the assistance of the European
Commission of Human Rights, declare as follows:
1. The Government of the Republic of Austria will pay to the
applicant a sum of AS 50,000 in respect of any possible claims
relating to the present application and AS 30,000 in respect of
costs and expenses incurred before the Commission.
2. The applicant declares his application settled.
3. The applicant waives any further claims against the Republic
of Austria relating to the present application."
9. At its session on 20 October 1992, 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.
10. For these reasons, the Commission adopted this Report.
Secretary to the First Chamber Acting President of the First Chamber
(M. de SALVIA) (E. BUSUTTIL)
Full & Egal Universal Law Academy