C.Z. v. Austria



Application No. 21874/93

by C. Z.

against Austria

The European Commission of Human Rights sitting in private on

2 March 1994, the following members being present:

MM. A. WEITZEL, President

C.L. ROZAKIS

F. ERMACORA

E. BUSUTTIL

A.S. GÖZÜBÜYÜK

Mrs. J. LIDDY

MM. M.P. PELLONPÄÄ

B. MARXER

G.B. REFFI

B. CONFORTI

N. BRATZA

I. BÉKÉS

E. KONSTANTINOV

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 10 May 1993 by

C. Z. against Austria and registered on 17 May 1993 under file

No. 21874/93;

Having regard to the submissions made by the respondent

Government on 9 January 1991 according to which the parties enetered

into an areement to settle the above case;

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 an Austrian national resident in Steyr. He is

represented by MM. Lechner and Wirleitner, lawyers practising in Steyr.

In May 1992 the applicant was arrested on the suspicion of theft,

and subsequently taken into remand. In July 1992 the Steyr Regional

Court acquitted the applicant on the ground that his guilt could not

be established. The applicant was released.

On 4 September 1992 the Steyr Regional Court dismissed the

applicant's request for compensation in respect of his detention on

remand on the ground that, assessing the evidence obtained at the

trial, important elements of suspicion had remained. The applicant's

appeal was of no avail.

COMPLAINTS

The applicant complained under Article 6 para. 2 of the

Convention that the refusal of compensation on the ground of continuing

suspicion against him violated the presumption of innocence.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 10 May 1993 and registered on

17 May 1993.

On 7 September 1993 the Commission decided to communicate the

application to the respondent Government for observations on the

admissibility and merits.

On 19 January 1994 the Government informed the Commission that

they had come to an agreement with the applicant according to which the

Government of Austria will pay to the applicant the sum of AS 31,518.50

as compensation in respect of all possible claims relating to the

present application; the applicant declares his application settled and

waives any further claims relating to the present application.

REASONS FOR THE DECISION

The Commission notes that the applicant, following an agreement

reached with the respondent Government, does not intend to pursue his

application.

In these circumstances, the Commission finds that it is not

justified to continue the examination of the present application,

pursuant to Article 30 para. 1 (a) and (b) of the Convention.

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 the application.

For these reasons, the Commission, unanimously

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.

Secretary to the First Chamber President of the First Chamber

(M.F. BUQUICCHIO) (A. WEITZEL)