CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 10 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 }                          AS TO THE ADMISSIBILITY OF                         Application No. 17157/90                       by Gottfried WEISE and Alfred STEINHAGEN                       against the Federal Republic of Germany             The European Commission of Human Rights sitting in private on 10 December 1990, the following members being present:                 MM. C.A. NØRGAARD, President                   S. TRECHSEL                   F. ERMACORA                   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                   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 15 February 1990 by Gottfried Weise and Alfred Steinhagen against the Federal Republic of Germany and registered on 13 September 1990 under file No. 17157/90;           Having regard to the report provided for in Rule 47 of the Rules of Procedure of the Commission;           Having deliberated;           Decides as follows:           The applicant, Mr.   G. Weise, is a German citizen, born in 1921 and domiciled in Solingen.           The applicant, Mr.   A. Steinhagen, is a German citizen living in Solingen.   He is the father of Mr.   Weise's daughter-in-law and claims to also be affected by the alleged violations of rights of the applicant Weise whom he represents in the present application proceedings.           The applicant Weise was convicted by the Regional Court (Landgericht) in Wuppertal on 28 January 1988 of five counts of murder and sentenced to life imprisonment.           According to the findings of the Court it was considered proven that Mr.   Weise, a former SS officer and guard in the ill-famed Auschwitz concentration camp, had killed at least five detainees.           These findings were based on statements made at the trial by witnesses F., L., R., S. and T., all former detainees.   The trial court carefully examined the question of whether these witnesses were credible and found an affirmative answer, stating that the witnesses had made a good impression and their statements were coherent, full of details and there was nothing to raise doubts as to their correctness.           The applicant lodged an appeal on points of law (Revision). On 31 March 1989 the Federal Court (Bundesgerichtshof) confirmed the conviction on three counts of murder and the life sentence.   The remaining part of the judgment, relating to two further counts of murder, was quashed.   The Court considered that a further witness named by the defence should have been heard despite the fact that, when heard in the pretrial proceedings, this witness did not make any statements discharging the applicant Weise.   In this respect the proceedings were eventually discontinued.           Mr.   Steinhagen complained to the Federal Constitutional Court (Bundesverfassungsgericht) of the applicant's conviction and sentence. In a letter dated 6 July 1989 an official of this Court informed him that his submission would not be considered as a constitutional complaint as it did not disclose any appearance of a violation of constitutional rights and as he was not directly affected by the judgment complained of.           Both applicants now complain of Mr.   Weise's conviction which they consider to be unjustified and violating Article 6 of the Convention as allegedly the rights of the defence were not respected and the trial court only believed the doubtful statements of the witnesses of the prosecution, without considering evidence discharging the applicant Weise.           However, Mr.   Steinhagen is not a victim within the sense of Article 25 of the Convention of the alleged violations and, insofar as the applicant Weise is concerned, the Commission is prevented from examining his complaint as he failed to raise it before the Federal Constitutional Court.   Therefore he has not exhausted the remedies available to him under German law and his application must be rejected in accordance with Articles 26 and 27 para. 3 of the Convention for non-exhaustion of domestic remedies.           In any event the Commission observes that the applicants' submissions are unsubstantiated and do not disclose any appearance of a violation of the Convention.   Therefore the application also has to be rejected under Article 27 para. 2 as being manifestly ill-founded.           For these reasons, the Commission unanimously           DECLARES THE APPLICATION INADMISSIBLE.     Secretary to the Commission                President of the Commission          (H.C. KRÜGER)                                (C.A. NØRGAARD)