CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 6 septembre 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 }                          Application No. 19957/92                       by Jürgen Maria LIPTHAY                       against Austria        The European Commission of Human Rights (First Chamber) sitting in private on 6 September 1995, the following members being present:              Mr.    C.L. ROZAKIS, President            Mrs.   J. LIDDY            MM.    E. BUSUTTIL                  A.S. GÖZÜBÜYÜK                  A. WEITZEL                  M.P. PELLONPÄÄ                  G.B. REFFI                  B. CONFORTI                  N. BRATZA                  I. BÉKÉS                  E. KONSTANTINOV                  G. RESS                  A. PERENIC              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 28 April 1992 by Jürgen Maria LIPTHAY against Austria and registered on 11 May 1992 under file No. 19957/92;        Having regard to the report provided for in Rule 47 of the Rules of Procedure of the Commission;        Having regard to the observations submitted by the respondent Government on 3 October 1994;        Having regard to the Commission's consideration of the state of proceedings of 17 January 1995;        Having deliberated;        Decides as follows:   THE FACTS        The facts, as they have been submitted by the applicant, may be summarised as follows.        The applicant is an Austrian citizen, born in 1969 and currently detained in Salzburg. Before the Commission, he is represented by Mr. P. Lechenauer, a lawyer practising in Salzburg.        On 13 February 1992 the Investigating Judge at the Salzburg Regional Court (Landesgericht) issued a warrant for the applicant's arrest on the suspicion of having, inter alia, stored and distributed leaflets disseminating national-socialist ideas.   On 14 February 1992 the applicant was taken into detention on remand on the grounds of a danger of collusion with his co-suspect and the danger of repetition of the offences.   On 19 February 1992 the Judges' Chamber (Ratskammer) at the Salzburg Regional Court dismissed the applicant's request for release.   On the same day, applicant's counsel requested to be granted access to the files, he was given access on 6 March 1992.        On 5 July 1993 the Salzburg Court of Assizes convicted the applicant of offences under the National Socialism Prohibition Act and sentenced him to a 18 months' prison term.   The applicant was found to have furthered an association aimed at undermining, in a national- socialist manner, the independence and sovereignty of the State and to have performed activities inspired by national-socialist ideas.        On 21 December 1993 the Supreme Court (Oberster Gerichtshof) dismissed the applicant's plea of nullity (Nichtigkeitsbeschwerde) and his appeal (Berufung).   COMPLAINTS        The applicant complained under Articles 5 and 6 of the Convention about his detention on remand and the criminal proceedings against him.   PROCEEDINGS BEFORE THE COMMISSION        The application was introduced on 28 April and registered on 11 May 1992.        On 29 June 1994 the Commission decided to communicate the application to the respondent Government for observations on the admissibility and merits.        On 3 October 1994 the Government submitted their observations.        By letter of 10 October 1994 the Commission's Secretariat forwarded these observations to the applicant's representative.   In accordance with the Commission's instructions, a time-limit expiring on 28 November 1994 was fixed for any observations in reply.        By letter of 6 December 1994 the applicant's representative was reminded that the time-limit had meanwhile expired.   He was requested to inform the Commission immediately whether he still intended to file observations in reply and, if so, explain the reasons for the delay.        On 19 December 1994 the applicant's representative acknowledged receipt of the letter of 6 December 1994 and applied for legal aid in the Commission proceedings.   There was no explanation as to the delay.        Having considered the state of the proceedings on 17 January 1995, the Commission decided to set the applicant a new time-limit of four weeks for the presentation of his observations in reply and to provide him with the necessary legal aid forms to be filled in and returned within the same time-limit.        The applicant's representative was informed accordingly by letter of 17 January 1995, the new time-limits expired on 20 February 1995.        There was no reaction on the applicant's part.   REASONS FOR THE DECISION        The Commission notes that the applicant, represented by counsel, did not react when invited to submit observations in reply to the Government's observations.   When reminded following the expiry of the relevant time-limit, the applicant's representative applied for legal aid without furnishing any explanation as to the delay.   There was again no reaction to the Commission's letter of 17 January 1995.        In these circumstances, the Commission concludes pursuant to Article 30 para. 1 (a) and (c) of the Convention that the applicant does not intend to pursue his application and that it is, therefore, no longer justified to continue the examination of the petition. 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 this 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)                      (C.L. ROZAKIS)