CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 8 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 }                           AS TO THE ADMISSIBILITY OF                         Application No. 20603/92                       by F. G.                       against Austria         The European Commission of Human Rights sitting in private on 8 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 13 July 1992 by F. G. against Austria and registered on 9 September 1992 under file No. 20603/92;         Having regard to the observations submitted by the respondent Government on 12 March 1993 and the observations in reply submitted by the applicant on 11 May 1993;         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 facts of the case, as they have been submitted by the parties, may be summarised as follows.         The applicant, born in 1961, is an Austrian national and resident at Tribuswinkel. He is a commercial clerk by profession. Before the Commission, he is represented by Mr. F. Langmayr, a lawyer practising in Vienna.         In September 1987 the Vienna Regional Court (Landesgericht) instituted preliminary investigations against two persons on the suspicion of having committed fraud in the context of a real estate business. These investigations were subsequently extended to several other suspects. Preliminary investigations against the applicant were opened on 11 January 1988. In these proceedings the applicant was assisted by Mr. Langmayr as his defence counsel.         In the course of the investigations, more than one hundred victims of frauds were heard as witnesses. The preliminary investigations terminated on 2 September 1988.         The Vienna Public Prosecutor's Office (Staatsanwaltschaft) preferred the indictment against some of the suspect in April 1989. The trial against these suspect was conducted before the Vienna Regional Court in two sets of hearings in April and October 1991. Judgment was pronounced on 18 October 1991, the written version was served upon these accused in March 1992.         Meanwhile, on 5 April 1990 the Vienna Public Prosecutor's Office had preferred the indictment against the applicant and five co-accused. Proceedings against a further accused were later joined. They were charged with having professionally committed fraud in that they pretended to offer and supply accommodation and thereby received payments from interested clients. The indictment referred to more than fifty cases and a total damage caused by the offences which amounted to AS 3.000.000, and listed more than sixty witnesses to be heard at the trial.         Moreover, the applicant's co-accused had lodged an appeal with the Vienna Court of Appeal (Oberlandesgericht) against the indictment, which had been dismissed on 12 September 1990.         On 6 July 1992 the Vienna Regional Court started the trial against the applicant and six co-accused.         On 16 July 1992 the Vienna Regional Court acquitted the applicant of the charges against him. This acquittal became final the very day. The written version of the judgment was served on 5 January 1993.   COMPLAINTS         The applicant complains under Article 6 para. 1 of the Convention about the length of the criminal proceedings against him. He submits in particular that the Vienna Regional Court delayed the proceedings in that it did not fix a date for trial in due time.   PROCEEDINGS BEFORE THE COMMISSION         The application was introduced on 13 July 1992 and registered on 9 September 1992.         On 2 December 1992 the Commission decided to communicate the application to the respondent Government for observations on the admissibility and merits.         On 12 March 1993 the Government submitted their observations. The observations in reply by the applicant were submitted on 11 May 1993.   THE LAW         The applicant complains about the length of the criminal proceedings against him.         Article 6 para. 1 (Art. 6-1), so far as relevant, provides that "in the determination ... of any criminal charge against him, everyone is entitled to a ... hearing within a reasonable time".         The Government, referring to the case-law of the Convention organs, argue that the length of the proceedings was mainly due to the complexity of the case. In this respect, they mention the further proceedings against other suspect involved in the fraud case concerned. They consider that no considerable delays were imputable to the Austrian authorities. As regards the proceedings before the Regional Court, they submit in particular that the Presiding Judge was also responsible for a further complex case, and that the court room of the Court of Assizes (Schwurgerichtssaal), the only one big enough to conduct the trial in the present case, was not available before July 1992.         The Commission considers, in the light of the criteria established by the case-law of the Convention institutions on the question of "reasonable time" (the complexity of the case, the applicant's conduct and that of the competent authorities), and having regard to all the information in its possession, that a thorough examination of this complaint is required, both as to the law and as to the facts.         For these reasons, the Commission unanimously         DECLARES THE APPLICATION ADMISSIBLE,       without prejudging the merits of the case.   Secretary to the First Chamber        President of the First Chamber         (M.F. BUQUICCHIO)                       (A. WEITZEL)