CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 11 mars 1988

.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. 11554/85                       by H.                       against Austria             The European Commission of Human Rights sitting in private on 11 March 1988, the following members being present:                MM.   S. TRECHSEL, Acting President                   G. SPERDUTI                   G. JÖRUNDSSON                   A.S. GÖZÜBÜYÜK                   A. WEITZEL                   J.-C. SOYER                   H.G. SCHERMERS                   H. DANELIUS                   G. BATLINER                   J. CAMPINOS                   H. VANDENBERGHE              Mrs.   G.H. THUNE              Sir   Basil HALL              MM.   F. MARTINEZ                   C.L. ROZAKIS              Mrs.   J. LIDDY                Mr.   J. RAYMOND, Deputy 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 18 April 1985 by Mr.   H. against Austria and registered on 3 June 1985 under file N° 11554/85;           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 facts of the case, which do not appear to be in dispute between the parties, may be summarised as follows:           The applicant, born in 1953, is an Austrian citizen and resident at L., Austria.   He is a clerk by profession.   Before the Commission he is represented by Dr. A. Heiss, a lawyer practising in Innsbruck.           On 20 November 1983 the Feldkirch Regional Court (Landes- gericht) decided that the applicant be taken into detention on remand pending preliminary investigations concerning charges of robbery and of fraud.   On 9 October 1984 the period of detention was prolonged to a total of one year.           On 26 February 1985 the Innsbruck Court of Appeal (Oberlandes- gericht) committed the applicant for trial, and, upon the request of the Investigating Judge at the Feldkirch Regional Court dated 7 February 1985, decided that the applicant's detention on remand could last up to fifteen months.           On 15 March 1985 the Feldkirch Regional Court dismissed the applicant's request for release on the ground that the prolonged detention on remand was lawful despite the fact that the decision of the Court of Appeal authorising continued detention had only been taken on 26 February 1985 after expiry of the preceding period on 17 February 1985.   The applicant's appeal was to no avail.           On 15 May 1985 the Feldkirch Regional Court sentenced the applicant to four years' imprisonment for, inter alia, grave fraud and grave duress.   On 2 October 1985 the Supreme Court (Oberster Gerichtshof) dismissed the applicant's plea of nullity (Nichtigkeits- beschwerde).   On 30 October 1985 it dismissed the applicant's appeal (Berufung) and, upon the Public Prosecutor's appeal, increased the sentence to six years' imprisonment.   COMPLAINTS           The applicant complained under Article 5 paras. 3 and 4 and Article 6 of the Convention that his detention on remand subsequent to 17 February 1985, i.e. the last day of the period fixed on 9 October 1984, was unlawful inasmuch as the further prolongation was only decided on 26 February 1985.   Furthermore, he submits that the decision of the Innsbruck Court of Appeal dated 26 February 1985 concerning the further prolongation of his detention on remand was unlawful.   PROCEEDINGS BEFORE THE COMMISSION           The application was introduced on 18 April 1985 and registered on 3 June 1985.           On 2 March 1987 the Commission decided to bring the application to the notice of the respondent Government and to invite them to submit written observations on its admissibility and merits. The observations of the respondent Government were submitted on 15 June 1987 and the applicant's observations in reply on 28 July 1987.           On 9 December 1987 the Commission decided to invite the Parties to a hearing on the admissibility and merits of the case.           By letter of 19 February 1988 the applicant informed the Commission that, in the light of the proceedings before the Commission, negotiations had taken place between him and the Austrian Government, in the course of which he had agreed to withdraw his application to the Commission in the case that the execution of his sentence to imprisonment be suspended.   He submits that on 11 February 1988 the Steyr District Court (Kreisgericht) decided to suspend the execution of his sentence.   He now considers his case to be resolved and wishes to withdraw his application to the Commission.     REASONS FOR THE DECISION           The Commission notes that the applicant, having regard to the suspension of his sentence after negotiations with the Austrian Government, has withdrawn his application.           The Commission considers that there are no reasons of a general interest affecting the observance of the Convention which would require a further examination of the present application.             For these reasons, the Commission           DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES     Deputy Secretary to the Commission        Acting President of the Commission          (J. RAYMOND)                                    (S. TRECHSEL)