Witt v. Austria



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Commission that they did no longer represent the applicant.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