CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 2 mars 1994

.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. 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)