CEDH · CASELAW;REPORTS;ENG — 24 mai 1995

.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                            FIRST CHAMBER                      Application No. 19466/92                            Herbert Wais                               against                               Austria                        REPORT OF THE COMMISSION                      (adopted on 24 May 1995)                          TABLE OF CONTENTS                                                             Page   INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . .   1   PART I   : STATEMENT OF THE FACTS. . . . . . . . . . . . . .   3   PART II : SOLUTION REACHED. . . . . . . . . . . . . . . . .   4                            INTRODUCTION   1.    This Report relates to the application introduced under Article 25 of the European Convention for the Protection of Human Rights and Fundamental Freedoms by Herbert Wais against Austria on 20 December 1991.   It was registered on 31 January 1992 under file No. 19466/92.        The applicant was represented by Dr. K. Bernhauser, a lawyer practising in Vienna. The Government of Austria were represented by their Agent, Ambassador F. Cede, Head of the International Law Department at the Federal Ministry of Foreign Affairs.   2.    On 2 September 1994, the Commission (First Chamber) declared the applicant's complaint about the length of the criminal proceedings against him admissible and the remainder of the application inadmissible.   It then proceeded to carry out its task under Article 28 para. 1 of the Convention which provides as follows:        "In the event of the Commission accepting a petition referred to      it:        a.    it shall, with a view to ascertaining the facts, undertake      together with the representatives of the parties an examination      of the petition and, if need be, an investigation, for the      effective conduct of which the States concerned shall furnish all      necessary facilities, after an exchange of views with the      Commission;        b.    it shall at the same time place itself at the disposal of      the parties concerned with a view to securing a friendly      settlement of the matter on the basis of respect for Human Rights      as defined in this Convention."   3.    The Commission (First Chamber) found that the parties had reached a friendly settlement of the case and on 24 May 1995 it adopted this Report, which, in accordance with Article 28 para. 2 of the Convention, is confined to a brief statement of the facts and of the solution reached.        The following members were present when the Report was adopted:             Mr.   C.L. ROZAKIS, President           Mrs. J. LIDDY           MM.   E. BUSUTTIL                A. WEITZEL                M.P. PELLONPÄÄ                B. MARXER                B. CONFORTI                N. BRATZA                I. BÉKÉS                E. KONSTANTINOV                G. RESS                A. PERENIC                C. BÎRSAN                               PART I                       STATEMENT OF THE FACTS   4.    The applicant is an Austrian national.   When lodging his application, he was detained at a prison in Garsten.   5.    In April 1986 information was laid against the applicant and others on the suspicion of having committed fraud.   On 3 September 1986 the applicant was questioned as suspect.   6.    On 7 March 1989 the Vienna Public Prosecutor's Office preferred the bill of indictment, charging the applicant with fraud on three counts, and false testimony.   7.    On 1 February 1990 the Vienna Regional Court opened the trial against the applicant.   8.    On 3 July 1991, following the taking of expert evidence, the trial was resumed before the Vienna Regional Court.   The Regional Court convicted the applicant of fraud on three counts and of having given false evidence in the course of civil proceedings.   Taking into account a previous prison sentence, the Court fixed a supplementary sentence of four years' imprisonment.   9.    On 10 July 1991 the Vienna Regional Court, as confirmed by the Supreme Court on 11 September 1991, rejected the applicant's appeal on points of law.   On 29 October 1991 the Vienna Court of Appeal rejected the applicant's appeal against the sentence.   10.   The written version of the judgment of 3 July 1991 was finalised on 7 February 1992.   11.   The admissible part of the application related to the applicant's complaint under Article 6 (art. 6) of the Convention about the length of the criminal proceedings against him.                               PART II                          SOLUTION REACHED   12.   Following the decision on the admissibility of the application, the Commission (First Chamber) placed itself at the disposal of the parties with a view to securing a friendly settlement in accordance with Article 28 para. 1 (b) of the Convention and invited the parties to submit any proposals they wished to make.   13.   In accordance with the usual practice, the Chamber Secretary, acting on the Commission's instructions, contacted the parties to explore the possibilities of reaching a friendly settlement.   14.   In their correspondence of 16 September and 28 October 1994, the parties indicated their willingness to reach a friendly settlement.   15.   By letter of 26 January 1995 the Government informed the Commission that, in their opinion, a friendly settlement of the case could by reached on the basis of the payment of a sum of money amounting to AS 45,000.   On 8 February 1995, the applicant's representative informed the Commission that the applicant accepted the Government's offer.   16.   At its session on 24 May 1995, the Commission noted that the parties had reached an agreement regarding the terms of a settlement. It further considered, having regard to Article 28 para. 1 (b) of the Convention, that the friendly settlement of the case had been secured on the basis of respect for Human Rights as defined in the Convention.   17.   For these reasons, the Commission adopted the present Report.   Secretary to the First Chamber        President of the First Chamber        (M.F. BUQUICCHIO)                        (C.L. ROZAKIS)