CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 4 décembre 1989

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                        Application No. 14418/88                       by O.G.                       against Austria           The European Commission of Human Rights sitting in private on 4 December 1989, the following members being present:                 MM. C.A. NØRGAARD, President                   J.A. FROWEIN                   S. TRECHSEL                   G. SPERDUTI                   E. BUSUTTIL                   A.S. GÖZÜBÜYÜK                   A. WEITZEL                   J.-C. SOYER                   H.G. SCHERMERS                   H. DANELIUS                   G. BATLINER              Sir   Basil HALL              MM.   F. MARTINEZ                   C.L. ROZAKIS              Mrs.   J. LIDDY              Mr.   L. LOUCAIDES                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 23 September 1988 by O.G. against Austria and registered on 1 December 1988 under file No. 14418/88;           Having regard to the report provided for in Rule 40 of the Rules of Procedure of the Commission;           Having deliberated;           Decides as follows:   THE FACTS           The facts of the case as they have been submitted by the applicant may be summarised as follows:           The applicant, born in 1932, is an Austrian national and resident at Wörgl.   When lodging the application he was detained at Innsbruck Prison.   Before the Commission he is represented by Mr.   B. Haid, a lawyer practising in Innsbruck.           On 30 September 1987 the Innsbruck Regional Court (Landes- gericht) opened investigation proceedings against the applicant on the suspicion of grave professional fraud (schwerer gewerbsmäßiger Betrug) and faking securities (Fälschung besonders geschützter Wertpapiere). On 11 December 1987 the applicant was arrested and taken into detention on remand.           On 21 June 1988 the Innsbruck Court of Appeal (Oberlandes- gericht), upon the request of the Innsbruck Public Prosecutor's Office (Staatsanwaltschaft), decided to prolong to a total of ten months the applicant's detention on remand (SS. 180 para. 2 (1) and (3b) and 193 para. 4 of the Austrian Code of Criminal Procedure (Strafprozeßordnung)).           On 11 October 1988 the Innsbruck Court of Appeal decided to prolong the applicant's detention on remand to a total of one year.   COMPLAINTS           The applicant complained that his detention on remand subsequent to 11 June 1988, i.e. six months after his arrest on 11 December 1987, was unlawful in that the prolongation was only decided on 21 June 1988, i.e., after the end of the initial period of six months.   Furthermore he complained of the length of his detention on remand.   He invoked Article 5 paras. 3 and 4, and Article 6 of the Convention.   PROCEEDINGS BEFORE THE COMMISSION           The application was introduced on 23 September 1988 and registered on 1 December 1988.           On 14 April 1989 the Commission decided that, in accordance with Rule 42 para. 2 (b) of its Rules of Procedure, the application be brought to the notice of the respondent Government and that they be invited to submit written observations on its admissibility and merits.           On 29 June 1989 the respondent Government submitted their observations.           By letter of 26 July 1989 the applicant was invited to submit observations in reply before 29 September 1989.   On 18 August 1989 the English translation of the Government's observations was transmitted to him and he was reminded that the time-limit for submission of his observations remained unaffected.           By registered letter of 19 October 1989 the Secretariat noted that the applicant's observations had not yet been received, and warned the applicant about the consequences under Rule 44 para. 1 of the Commission's Rules of Procedure.   The applicant did not react to this letter.   REASONS FOR THE DECISION           The Commission finds that the circumstances of the present case, namely the applicants' failure to comply with the Commission's request to submit observations in reply before 29 September 1989 and to react to the further letters of the Secretariat dated 18 August and 19 October 1989, leads to the conclusion that he does not intend to pursue his application.           The Commission considers that there are no reasons of a general character affecting the observance of the Convention which necessitate the further examination of this case.        For these reasons, the Commission        DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES     Secretary to the Commission        President of the Commission            (H. C. KRÜGER)                      (C. A. NØRGAARD)