CEDH · CASELAW;REPORTS;ENG — 13 janvier 1992

.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 }                      EUROPEAN COMMISSION OF HUMAN RIGHTS                                SECOND CHAMBER                          APPLICATION No. 12973/87                                Franz MATHES                                   against                                   AUSTRIA                          REPORT OF THE COMMISSION                        (adopted on 13 January 1992)   TABLE OF CONTENTS                                                             Page   I      THE PARTIES       (paras. 1 - 2)   . . . . . . . . . . . . . . . . .       3   II.    SUMMARY OF THE FACTS       (paras. 3 - 6)   . . . . . . . . . . . . . . . . .       3     III.   PROCEEDINGS BEFORE THE COMMISSION       (paras. 7 - 16)    . . . . . . . . . . . . . . . .       4     IV.    THE DECISION OF THE COMMISSION       (paras. 17 - 20)   . . . . . . . . . . . . . . . .       5       APPENDIX : Decision on the admissibility of the application   6   I.     THE PARTIES   1.     The present Report which was drawn up by the European Commission of Human Rights (Second Chamber) in accordance with Article 30 para. (1) (c) of the Convention, concerns the application brought by Franz Mathes against Austria.   2.     The applicant was represented before the Commission by Mr. C. Prem, lawyer, Vienna.         The Austrian Government were represented before the Commission by their Agent, Ambassador Helmut Türk, Head of the International Law Department at the Federal Ministry of Foreign Affairs.       II.    SUMMARY OF THE FACTS   3.     The facts of the case are set out in the Commission's Decision as to the admissibility of the application of 5 December 1990, attached hereto as an Appendix (pp. 6 - 9).   4.     The pertinent facts and complaints may be summarised as follows:   5.     Preliminary investigations were instituted against the applicant in respect of knowing of improper transactions and aiding and abetting fraud.   On 16 June 1989 the prosecution requested that the proceedings be suspended and a decision to this end was taken pursuant to Article 412 of the Code of Criminal Procedure (Strafprozeßordnung) on 29 June 1989.   Proceedings under Article 412 of the Code of Criminal Procedure can be re-opened at any time.   6.     Before the Commission the applicant complained under Article 6 para. 1 of the Convention of the length of the criminal proceedings against him and that an unreasonable criminal charge had been raised against him.     III.   PROCEEDINGS BEFORE THE COMMISSION   7.     The application was introduced on 6 April 1987 and registered on 6 June 1987.   8.     On 6 July 1989 the Commission decided to communicate the complaint concerning the length of the proceedings to the respondent Government, pursuant to Rule 42 para. 2 (b) (former version) of its Rules of Procedure, and to invite them to submit written observations on the admissibility and merits of the application.   9.     The observations of the Government were submitted on 16 November 1989 and the applicant's reply on 27 April 1990.   10.    On 7 November 1990 the Commission decided that the case should be referred to the Second Chamber.   11.    On 5 December 1990 the Commission (Second Chamber) declared the application partly inadmissible and admissible as to the complaint concerning the length of the proceedings.   12.    The text of the Commission's decision on admissibility was communicated on 16 January 1991 to the parties who were invited to submit any additional observations or further evidence which they wished to put before the Commission.   No such observations were received.   13.    The Commission considered the state of the proceedings in the case on 5 March 1991 and on 8 July 1991.   14.    By letter of 2 October 1991 the Government informed the Commission that the applicant had died in September 1991 and that, consequently, the proceedings against the applicant had been stopped.   The applicant's representative was informed of the Government's letter on 4 December 1991.   15.    On 13 January 1992 the Commission (Second Chamber) decided to strike the present application off its list, in accordance with Article 30 para. 1 (c) of the Convention.    It adopted the present Report and decided to transmit it to the Committee of Ministers and the Parties for information and to publish it.   16.    The following members were present:                    MM.   S. TRECHSEL, President of the Second Chamber                   G. JÖRUNDSSON                   A. WEITZEL                   J. C. SOYER                   H. G. SCHERMERS                   H. DANELIUS              Mrs. G. H. THUNE              MM.   F. MARTINEZ                   L. LOUCAIDES             IV.    THE DECISION OF THE COMMISSION   17.    The Commission notes that the applicant has died.   18.    The Commission recalls that successors of a deceased applicant cannot claim a general right that the examination of an application should be continued by the Commission (cf. No. 8261/77, Kofler v. Italy, Comm. Report 9.10.82, D.R. 30 p. 5).   The essential point is whether, bearing in mind the nature of the particular application, the successor can be considered to have sufficient interest to justify the further examination of the application on his or her behalf.   19.    In the present case, the complaint related to the length of the criminal proceedings against the applicant.   Such an application is closely linked to the person of the deceased applicant.   20.    The Commission concludes, therefore, that it is no longer justified to continue the examination of this application, within the meaning of Article 30 para. 1 (c) of the Convention.   It further considers that respect for human rights as defined in the Convention does not require the continuation of the examination.         For these reasons, the Commission unanimously         DECIDES TO STRIKE APPLICATION NO. 12973/87 OFF ITS LIST OF       CASES;         ADOPTS THE PRESENT REPORT;         DECIDES TO SEND THE PRESENT REPORT to the Committee of       Ministers for information, to send it also to the parties'       representatives, and to publish it.      Secretary to the                             President of the    Second Chamber                               Second Chamber       (K. ROGGE)                                    (S. TRECHSEL)