Application No. 22719/93
by Jordanis VRATSIDIS
against Greece
The European Commission of Human Rights (First Chamber) sitting
in private on 22 February 1995, the following members being present:
Mrs. J. LIDDY, Acting President
MM. C.L. ROZAKIS
A.S. GÖZÜBÜYÜK
A. WEITZEL
M.P. PELLONPÄÄ
B. MARXER
B. CONFORTI
N. BRATZA
I. BÉKÉS
E. KONSTANTINOV
G. RESS
Mrs. M.F. BUQUICCHIO, Secretary to the Chamber
Having regard to Article 25 of the Convention for the Protection
of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 19 July 1993 by
Jordanis VRATSIDIS against Greece and registered on 30 September 1993
under file No. 22719/93;
Having regard to the report provided for in Rule 47 of the Rules
of Procedure of the Commission;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a Greek citizen born in 1953 in Kazakhstan.
The facts of the case, as they have been submitted by the
applicant, can be summarised as follows:
On 30 January 1979 the applicant was arrested at the
international airport of Rome by the Italian authorities on the basis
of an extradition request by the United Kingdom. He was held in
detention until 3 January 1981 when he was extradited on the orders of
the Court of Appeal of Florence.
On 28 July 1981 a court in England found the applicant guilty of
a variety of offences and imposed on him the following sentences: life
imprisonment on one count of attempted murder, life imprisonment on a
second count of attempted murder, eighteen years imprisonment on a
count of robbery, fifteen years imprisonment on a second count of
robbery, two years imprisonment on a count of obtaining a passport by
deception and two years imprisonment on a second count of obtaining a
passport by deception. The overall result was that the applicant
received a sentence of life imprisonment to run concurrently with an
aggregate sentence of twenty two years imprisonment. The applicant
claims that the first review of his case by the Parole Board was fixed
for January 1994.
On 8 August 1990 the applicant was transferred to Greece in order
to serve his sentence there in accordance with the European Convention
on the Transfer of Sentenced Persons.
On 29 May 1991 the three-member first instance criminal court
(Trimeles Plimmeleiodikeio) of Athens considered that the sentences
imposed by the English criminal court were compatible with Greek
criminal law and found that the applicant should serve in Greece the
following sentences: life imprisonment on one count of attempted
murder, life imprisonment on a second count of attempted murder,
eighteen years imprisonment on a count of robbery, fifteen years
imprisonment on a second count of robbery, two years imprisonment on
a count of obtaining a passport by deception and two years imprisonment
on a second count of obtaining a passport by deception. The Greek court
refused to commute the applicant's sentences on the ground that he was
a particularly dangerous person.
On 29 July 1991 the applicant lodged an appeal against the
decision of 29 May 1991 of the three-member first instance criminal
court with the Court of Cassation (Areios Pagos). He has not informed
the Commission of the grounds of his appeal.
On 11 November 1991 he lodged a complaint with the Ministry of
Justice. He has failed to inform the Commission of the subject-matter
of his complaint.
The hearing of the applicant's appeal in cassation was adjourned
on 6 December 1991 as a result of a lawyers' strike.
By letter of 23 June 1992 the Ministry of Justice advised the
applicant that, if he disagreed with the manner in which the time he
had to spend in detention had been calculated, he should lodge an
application with the first instance criminal court of his place of
detention.
The applicant lodged such an application with the first instance
criminal court of Corfu which was rejected on 10 June 1993.
COMPLAINTS
The applicant complains of the failure of the Greek court, which
adapted the sentence imposed on him in England, to take account of the
fact that the overall sentence imposed on him by the English court was
a "discretionary" life sentence to run concurrently with an aggregate
of twenty two years of fixed terms of imprisonment. As a result, he
lost the opportunity to be released on parole in January 1994. He
invokes in this connection Articles 3 and 13 of the Convention.
REASONS FOR THE DECISION
The Commission notes that by letter of 20 September 1994,
addressed to the prison of Alikarnassos where he was being detained,
the applicant was requested to provide additional information to the
Commission concerning the issue of exhaustion of domestic remedies and
to furnish copies of certain court decisions. The applicant having
failed to reply, a reminder was sent to him by registered mail with
"avis de reception" on 22 November 1994. The letter was returned
unopened, the applicant not being known in the Alikarnassos prison.
Given the applicant's failure to reply to the Commission's
request for information and to indicate his new address, the Commission
concludes under Article 30 para. 1 (a) of the Convention that the
applicant no longer intends to pursue his petition. It further
considers that respect for Human Rights as defined in the Convention
does not require it to continue the examination of the application.
For these reasons, the Commission, unanimously
DECIDES TO STRIKE THE APPLICATION OUT OF THE LIST OF CASES.
Secretary Acting President
to the First Chamber of the First Chamber
(M.F. BUQUICCHIO) (J. LIDDY)
Full & Egal Universal Law Academy