CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 10 juillet 1989

.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 }                                   FINAL                         Application No. 13770/88                       by Z. M.                       against the Federal Republic of Germany             The European Commission of Human Rights sitting in private on 10 July 1989, the following members being present:                 MM. C.A. NØRGAARD, President                   J.A. FROWEIN                   S. TRECHSEL                   F. ERMACORA                   G. SPERDUTI                   E. BUSUTTIL                   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.   L. LOUCAIDES                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 22 October 1986 by Z. M. against the Federal Republic of Germany and registered on 15 April 1988 under file No. 13770/88;           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, as they have been submitted by the parties, may be summarised as follows:           The applicant, born in 1955, is a Hungarian national.   Since the applicant entered the Federal Republic of Germany in 1975 he was repeatedly in psychiatric treatment.   When lodging his application he was detained in a mental institution in Düren after a decision by the Cologne Regional Court (Landgericht) in 1983.           The present part of his application relates to proceedings before the Aachen Regional Court, in which the applicant's request to be released on probation from detention was dismissed on 7 July 1986. In these and the following unsuccessful appeal proceedings the applicant was not represented by counsel.   On 10 February 1987 the Federal Constitutional Court (Bundesverfassungsgericht) refused to admit the applicant's constitutional complaint (Verfassungs- beschwerde) on the ground that it offered no prospect of success.   COMPLAINTS           The applicant complained that the Aachen Regional Court's decision of 7 July 1986 not to release him on probation was wrong, and also of the proceedings concerned.   He invoked Articles 2 to 14, 17 and 18 of the Convention, Articles 1 and 2 of Protocol No. 1 and Article 2 of Protocol No. 4 to the Convention.   PROCEEDINGS BEFORE THE COMMISSION           The application was introduced on 22 October 1986 and registered on 15 April 1988.           On 12 October 1988 the Commission decided that, in accordance with Rule 42 para. 2 (b) of its Rules of Procedure, the part of the application related to the proceedings before the Aachen Regional Court and the Cologne Court of Appeal in 1986 be brought to the notice of the respondent Government and that they be invited to submit, within a time limit of 10 weeks, written observations on the admissibility and merits of the complaints under Article 5 para. 4 (Art. 5-4) of the Convention concerning this part of the application.           The Commission declared the remainder of the application inadmissible in a partial decision of 12 October 1988.           The observations of the respondent Government were submitted on 10 January 1989.           On 24 January 1989 the applicant was requested to submit observations in reply before 10 March 1989.   In a further letter of the Secretariat of 29 March 1989, it was noted that he had not submitted his observations in time, and recalled that he might request legal aid.   Furthermore, the applicant was warned about the consequences under Rule 44 para. 1 of the Commission's Rules of Procedure.   He was sent a second reminder by registered mail on 26 April 1989.   The applicant, whose last letter to the Commission was dated 1 May 1988, has not reacted to the above letters from the Secretariat.   REASONS FOR THE DECISION           The Commission finds that the applicant's failure to comply with the Commission's request to submit observations in reply before 10 March 1989, and to react to the further letters of the Secretariat of 29 March and 26 April 1989, leads to the conclusion that he does not intend to pursue his application.           The Commission considers that there are no reasons of a general character affecting the observance of the Convention which necessitate the further examination of this case.           For these reasons, the Commission           DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES     Secretary to the Commission                President of the Commission         (H. C. KRÜGER)                               (C. A. NØRGAARD)