Richter v. Czechoslovakia



AS TO THE ADMISSIBILITY OF

Application No. 21027/92

by Zdenek RICHTER

against Czechoslovakia

The European Commission of Human Rights sitting in private on

10 December 1992, the following members being present:

MM. C.A. NØRGAARD, President

S. TRECHSEL

F. ERMACORA

G. SPERDUTI

E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

H. DANELIUS

Mrs. G. H. THUNE

Sir Basil HALL

MM. F. MARTINEZ

C.L. ROZAKIS

Mrs. J. LIDDY

MM. J.-C. GEUS

M.P. PELLONPÄÄ

B. MARXER

Mr. H.C. KRÜGER, Secretary to the Commission

Having regard to Article 25 of the Convention for the Protection

of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 15 July 1991 by

Zdenek Richter against Czechoslovakia and registered on 3 December 1992

under file No. 21027/92;

Having regard to the report provided for in Rule 47 of the Rules

of Procedure of the Commission;

Having deliberated;

Decides as follows:

21027/92 - 2 -

The applicant, a citizen of the CSFR born in 1931, is a pensioner

residing at Cesky Tesín.

In 1974 while at a clinic, it was discovered that the applicant

suffered from diabetes. However, the applicant was not apparently

afforded adequate medical treatment. The applicant's state of health

deteriorated and in 1981 he started receiving an invalidity pension.

In 1984 the applicant unsuccessfully applied to the Ostrava

District Court (Okresní soud) for compensation. His appeal was

dismissed by the Ostrava Regional Court (Krajsky soud) on 16 June 1989.

The applicant's further complaint of insufficient medical treatment and

compensation was dismissed by the Ostrava Regional Court on 26 June

1990.

On 18 February 1992 the applicant filed appeals against these

decisions with the Constitutional Court (Ústavní soud). On 17 June

1992 the Court rejected the appeals on the ground that he had not filed

them in time. According to Section 55 para. 3 of the Constitutional

Court Procedure Act (Zákon o organizaci Ústavního soudu) an appeal must

be filed within 60 days after the decision of the previous instance

enters into force.

The applicant complains under Article 6 of the Convention of the

unfairness and the undue length of the proceedings before the various

courts. The applicant also raises complaints under Articles 2, 3, 4,

8, 10, 11, 13 and 14 of the Convention and Article 2 of Protocol No. 4.

The Commission has examined the applicant's separate complaints

as they have been submitted by him. However, after considering these

complaints as a whole, the Commission finds that they do not disclose

any appearance of a violation of the rights and freedoms set out in the

Convention.

It follows that the application is manifestly ill-founded within

the meaning of Article 27 para. 2 of the Convention.

For these reasons, the Commission unanimously

DECLARES THE APPLICATION INADMISSIBLE.

Secretary to the Commission President of the Commission

(H.C. Krüger) (C.A. Nørgaard)