CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 7 décembre 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 }                          Application No. 13714/88                       by Matthias GROSS                       against Austria             The European Commission of Human Rights sitting in private on 7 December 1990, the following members being present:                 MM. C.A. NØRGAARD, President                   J.A. FROWEIN                   S. TRECHSEL                   E. BUSUTTIL                   G. JÖRUNDSSON                   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                   M.P. PELLONPÄÄ                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 1987 by Matthias GROSS against Austria and registered on 29 March 1988 under file No. 13714/88;           Having regard to the report provided for in Rule 47 of the Rules of Procedure of the Commission;           Having deliberated;           Decides as follows:   THE FACTS           The applicant, an Austrian citizen born in 1957 who resides in Linz, complains of disciplinary sanctions imposed on him when he was serving a two years' sentence in the prison of Garsten.           He had fled from the prison on 27 July 1987 and was re-arrested on 2 August 1987.   By a penal order (Straferkenntnis) of 19 August 1987 the prison governor found him guilty of a disciplinary offence and ordered his detention in house arrest for 21 days.   During the house arrest the light was switched out at 19.00 hours, the applicant was not allowed to write to or receive visits from his family, or to buy tobacco, coffee and tea in the prison shop. Afterwards he was returned to a more stringent prison regime.           Moreover, the prison governor requested the Regional Court (Kreisgericht) of Steyr to make an order under Section 115 of the Criminal Law Enforcement Act (Strafvollzugsgesetz) whereby the period of house arrest should not be counted as part of the applicant's sentence.   The order was granted on 4 September 1987 and confirmed by the Linz Court of Appeal (Oberlandesgericht) on 7 October 1987.   The courts noted in particular that by his flight the applicant had deliberately evaded his duty to work in prison and that his submission that he had only wanted to visit his seven children had not been proven.           As a consequence of the above decisions the time which the applicant spent in prison was prolonged by 21 days.   COMPLAINTS           The applicant complains that his additional detention was not justified under Article 5 para. 1 (a) of the Convention.   He further alleges that Article 8 of the Convention has been violated by the refusal to allow him to correspond with and receive visits from his family during his house arrest, which he describes as an inhuman treatment or punishment.   PROCEEDINGS           The application was introduced on 22 October 1987 and registered on 29 March 1988.           On 14 December 1989 the Commission decided to give notice of the application to the respondent Government and invite the Government, pursuant to Rule 42 para. 2 (b) of the Rules of Procedure (former version), to submit before 23 March 1990 observations in writing on the admissibility and merits of the application.           The Government submitted their observations on 23 March 1990. On 9 April 1990 they were transmitted to the applicant who was invited to submit observations in reply before 18 May 1990.           The applicant has not replied despite reminders of 4 July 1990 and of 17 October 1990, by a registered letter, in which he was also informed that the Commission might interpret his silence as an indication that he had lost interest in pursuing the case.   REASONS FOR THE DECISION           The Commission notes that the applicant has not replied to its letters of 9 April, 4 July and 17 October 1990.   It concludes from the applicant's silence that he has lost interest in pursuing the application.   The conditions of Article 30 para. 1 (c) of the Convention are therefore met as there are no reasons of a general character affecting the respect for human rights as defined in the Convention which would require a further examination of the present application.           For these reasons the Commission, unanimously             DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.       Secretary to the Commission                President of the Commission            (H.C. KRÜGER)                                (C.A. NØRGAARD)