CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 1 mai 1986

.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 }          The European Commission of Human Rights sitting in private on 6 May 1986, the following members being present:                     MM   C.A. NØRGAARD, President                       G. SPERDUTI                       J.A. FROWEIN                       M.A. TRIANTAFYLLIDES                       G. JÖRUNDSSON                       S. TRECHSEL                       B. KIERNAN                       A.S. GÖZÜBÜYÜK                       A. WEITZEL                       J.C. SOYER                       H.G. SCHERMERS                       H. DANELIUS                       G. BATLINER                       H. VANDENBERGHE                   Mrs G.H. THUNE                   Sir Basil HALL             Mr H.C. KRÜGER, Secretary to the Commission           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 January 1985 by G.K. against the Federal Republic of Germany and   registered on 9 July 1985 under file No. 11626/85;           Having regard to the report provided for in Rule 40 of the Rules of Procedure of the Commission;           Having deliberated;           Decides as follows:   THE FACTS           The applicant is a German citizen, born in 1944 and presently detained in prison in Bruchsal.   He is represented by Messrs Wingerter and Others, lawyers in Heilbronn.           On 18 February 1976 the applicant was convicted by the Heilbronn Jury Court (Schwurgericht) of double murder and sentenced to life imprisonment.   This judgment was quashed by the Federal Court (Bundesgerichtshof) and the case sent back to the Stuttgart Regional Court (Landgericht) for a new trial.   On 7 July 1977 the applicant was again convicted of double murder.    This judgment was again quashed. After a third trial the Stuttgart Regional Court gave a partial decision on 29 November 1978.   The applicant was convicted on one count of murder and sentenced to fifteen years' imprisonment.   By further decision of 7 July 1980 he was convicted of a further murder and sentenced to life imprisonment.   This sentence included the previous sentence of 29 November 1978.   The court further ordered the applicant's detention in a mental   hospital.           The costs of the proceedings were imposed on the applicant. They amounted, according to a bill of costs of 16 June 1983, to DM 80,454.70 including DM 20,715.82 concerning fees for the official defence counsel (Pflichtverteidigergebühren).   The applicant's objections (Erinnerung) against the bill of costs were rejected by the Stuttgart Regional Court on 20 December 1984.   The court stated that Article 6 para. 3 (c) of the Convention only required that free legal aid was granted to a destitute defendant without any conditions.   This did not mean, however, that legal aid was free once and forever.           On 28 February 1985 the Stuttgart Court of Appeal (Oberlandesgericht) confirmed the Regional Court's decision stating that according to prevailing opinion and the Commission's jurisprudence Article 6 para. 3 (c) of the Convention did not exclude that a convicted person, who was ordered to pay the costs of the proceedings, also had to reimburse the costs caused by the necessity to afford free legal assistance.           The applicant's constitutional complaint was rejected by a group of three judges of the Federal Constitutional Court (Bundes- verfassungsgericht) on 10 May 1985.   The Court stated that the decisions complained of did not violate constitutional rights.   It pointed out that the law on costs contained provisions allowing to take into account financial difficulties of the convicted person by granting payment facilities.   Sufficient facilities had in fact been accorded to the applicant.           It follows from the applicant's statements that his monthly income in prison amounts to approximately DM 150 per month.   He has to pay monthly instalments of DM 25 to the treasury.   COMPLAINTS           The applicant considers that in view of his life imprisonment and his income situation it violates Article 6 para. 3 (c) of the Convention that for the rest of his life he is burdened with the obligation to reimburse the costs caused by his legal assistance.   He points out that in a decision of 21 March 1985 the Düsseldorf Court of Appeal expressed the opinion that "free" in the sense of Article 6 para. 3 (c) meant that a destitute defendant who had been granted legal aid could never be requested reimbursement even if after his conviction his financial situation improved.     THE LAW           The applicant complains that as a consequence of his conviction he has to reimburse in monthly instalments the costs caused by his official defence counsel who had been appointed to him in accordance with Article 6 para. 3 (c) of the Convention, which provides for free legal assistance if the defendant does not have sufficient means and if the interests of justice so require.           However, the Commission has already decided that it is not contrary to this provision if the accused has to pay the costs of his legal aid counsel after final conviction unless his means remain insufficient (Dec.   No. 9365/81, 6.5.82, D.R. 28 p. 229 and No. 9394/82 unpublished).   In the present case the applicant, who is serving a life sentence, has to pay monthly instalments of DM 25 while his monthly income amounts to some DM 150.   It can in these circumstances not be found that the German authorities did not sufficiently take into account the applicant's financial situation and imposed a burden on him which had to be considered incompatible with the purposes of Article 6 para. 3 (c) of the Convention.           It follows that the application is manifestly ill-founded within the meaning of Article 27 para. 2 of the Convention.             For these reasons, the Commission             DECLARES THE APPLICATION INADMISSIBLE.     Secretary to the Commission            President of the Commission               (H.C. KRÜGER)                             (C.A. NØRGAARD)