Bozovic v. Austria



Application No. 21684/93

by Boreslav BOZOVIC

against Austria

The European Commission of Human Rights (Second Chamber) sitting

in private on 29 June 1994, the following members being present:

MM. S. TRECHSEL, President

H. DANELIUS

G. JÖRUNDSSON

J.-C. SOYER

H.G. SCHERMERS

Mrs. G.H. THUNE

MM. F. MARTINEZ

L. LOUCAIDES

J.-C. GEUS

M.A. NOWICKI

I. CABRAL BARRETO

J. MUCHA

D. SVÁBY

Mr. K. ROGGE, 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 11 February 1993

by Boreslav Bozovic against Austria and registered on 19 April 1993

under file No. 21684/93;

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

of Procedure of the Commission;

Having regard to the observations submitted by the respondent

Government on 23 December 1993 and the observations in reply submitted

by the applicant on 3 March 1994; the Government's further informations

of 5 April 1994 and the applicant's further informations of

22 March 1994;

Having deliberated;

Decides as follows:

THE FACTS

The applicant, born in 1949, is of Yugoslav origin and resident

in Vienna. Before the Commission he is represented by Mr. G.

Winterstein, a lawyer practising in Vienna.

On 17 December 1991 the Vienna Federal Police Department

(Bundespolizeidirektion) opened investigations against the applicant

on the suspicion of forgery of a document, namely his Yugoslav driving

licence. His Yugoslav driving licence as well as his Austrian driving

licence were seized.

On 11 October 1993 the Vienna Regional Criminal Court

(Landesgericht für Strafsachen) decided to discontinue the proceedings

against the applicant. The driving licences were returned to him.

COMPLAINTS

The applicant complained under Article 6 of the Convention about

the length of preliminary investigations against him.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 11 February 1993 and registered

on 19 April 1993.

On 1 September 1993 the Commission decided to communicate the

application to the respondent Government for observations on the

admissibility and merits.

On 23 December 1993 the Government submitted their observations.

The observations in reply by the applicant were submitted on

3 March 1994. In their further submissions of 5 April 1994 the

Government informed the Commission that an agreement, including a

payment of compensation, had been reached with the applicant. In his

submission of 22 March 1994, the applicant stated that he did not wish

to pursue his application.

REASONS FOR THE DECISION

The Commission notes that following an agreement between the

parties, including a payment of compensation, 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 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 APPLICATION OFF ITS LIST OF CASES.

Secretary to the Second Chamber President of the Second Chamber

(K. ROGGE) (S. TRECHSEL)