Application No. 29808/96
by Erich WITT
against Austria
The European Commission of Human Rights (First Chamber) sitting
in private on 10 March 1998, the following members being present:
MM M.P. PELLONPÄÄ, President
N. BRATZA
E. BUSUTTIL
A. WEITZEL
C.L. ROZAKIS
Mrs J. LIDDY
MM L. LOUCAIDES
B. CONFORTI
I. BÉKÉS
G. RESS
A. PERENIC
C. BÎRSAN
K. HERNDL
M. VILA AMIGÓ
Mrs M. HION
Mr R. NICOLINI
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 7 November 1995
by Erich WITT against Austria and registered on 15 January 1996 under
file No. 29808/96;
Having regard to:
- the reports provided for in Rule 47 of the Rules of Procedure of
the Commission;
- the observations submitted by the respondent Government on
31 October 1997;
Having deliberated;
Decides as follows:
THE FACTS
The applicant, born in 1918, is an Austrian national residing in
Vienna. Before the Commission he was represented by MM. Toth, Themmer
and Prunbauer, lawyers practising in Vienna.
The applicant, who was one of three managing directors of a
private company which went bankrupt, was questioned by the police at
some date between 22 March and 26 June 1990 on the suspicion of
ordinary bankruptcy (fahrlässige Krida).
On 9 May 1995 the Vienna Court of Appeal (Oberlandesgericht) gave
its final decision confirming the applicant's conviction of ordinary
bankruptcy.
COMPLAINTS
The applicant complained under Article 6 of the Convention that
the criminal proceedings against him lasted unreasonably long and that
they were unfair in several respects.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 7 November 1995 and registered
on 15 January 1996.
On 4 July 1997 the Commission decided to communicate to the
respondent Government the applicant's complaint concerning the length
of the criminal proceedings against him and to declare the remainder
of the application inadmissible.
The Government's written observations were submitted on
31 October 1997. On 7 January 1998 the applicant's lawyers informed the
Commission that they did no longer represent the applicant. By letter
of 10 February 1998 the applicant was informed that the period for
filing his observations in reply was, thus, interrupted and he was
requested to indicate whether he intended to appoint another
representative. By letter of 16 February 1998 the applicant stated that
he did not wish to pursue the matter further.
REASONS FOR THE DECISION
The Commission notes that the applicant does not intend to pursue
his application. In these circumstances, the Commission finds pursuant
to Article 30 para. 1 (a) of the Convention that it is not justified
to continue the examination of the remainder of the present
application. Moreover, there are no reasons of a general character
affecting respect for human rights as defined in this Convention which
require the further examination of this application.
For these reasons, the Commission, unanimously,
DECIDES TO STRIKE THE REMAINDER OF THE APPLICATION OUT OF ITS
LIST OF CASES.
M.F. BUQUICCHIO M.P. PELLONPÄÄ
Secretary President
to the First Chamber of the First Chamber
Full & Egal Universal Law Academy