CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 3 septembre 1990

.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 }    AS TO THE ADMISSIBILITY OF       Application No. 14394/88 by Alfred VETTER against the Federal Republic of Germany             The European Commission of Human Rights sitting in private on 3 September 1990, the following members being present:                 MM. C.A. NØRGAARD, President                   S. TRECHSEL                   G. SPERDUTI                   E. BUSUTTIL                   G. JÖRUNDSSON                   A.S. GÖZÜBÜYÜK                   A. WEITZEL                   J.-C. SOYER                   H.G. SCHERMERS                   H. DANELIUS              Mrs.   G. H. THUNE              Sir   Basil HALL              MM.   F. MARTINEZ RUIZ                   C.L. ROZAKIS              Mrs.   J. LIDDY              MM.   L. LOUCAIDES                   J.-C. GEUS                   A.V. ALMEIDA RIBEIRO                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 7 August 1988 by Alfred Vetter against the Federal Republic of Germany and registered on 24 November 1988 under file No. 14394/88;           Having regard to the report provided for in Rule 40 of the Rules of Procedure of the Commission;           Having deliberated;           Decides as follows:           The applicant is a German citizen, born in 1949 and at present detained in prison in Diez/Lahn.           He complains that on 23 March 1987 he was wrongly convicted by the Frankenthal Regional Court (Landgericht) of theft and driving without a licence and sentenced to thirty-two months' imprisonment.   In consequence of this judgment the applicant's conditional release on 26 May 1986 from preventive detention (Sicherungsverwahrung) was revoked on 13 November 1987.           The applicant's appeal on points of law (Revision) against the judgment of 23 March 1987 was rejected by the Federal Court (Bundes- gerichtshof) on 3 August 1987 as being ill-founded.           The appeal (Beschwerde) against the revocation of the conditional release was rejected by the Regional Court on 13 November 1987 and a further appeal by the Koblenz Court of Appeal (Oberlandesgericht) on 18 December 1987.           A constitutional complaint (Verfassungsbeschwerde) against the latter decision was rejected by a group of three judges of the Federal Constitutional Court (Bundesverfassungsgericht) on 4 February 1988 as being clearly ill-founded.           The applicant submits that he was wrongly convicted because witnesses for the defence were not heard and he was not allowed to put questions to the witnesses for the prosecution in violation of Article 6 (Art. 6) of the Convention.   He further submits that his preventive detention was wrongly ordered and that the conditions of his detention amount to a violation of Articles 3 (Art. 3) and 5 (Art. 5) of the Convention.           The Commission has examined the applicant's separate complaints as they have been submitted by him and finds that the applicant has in no way substantiated his allegations.   Even assuming that domestic remedies were exhausted in all respects, the Commission consequently concludes that the application does not disclose any appearance of a violation of the rights and freedoms set out in the Convention.           It follows that the application is as a whole manifestly ill-founded within the meaning of Article 27 para. 2 (Art. 27-2) 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)