CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 2 mars 1994

.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. 21025/92                       by Friedrich Wilhelm KREMZOW                       against Austria         The European Commission of Human Rights sitting in private on 2 March 1994, the following members being present:              MM.    S. TRECHSEL, President                  H. DANELIUS                  G. JÖRUNDSSON                  J.-C. SOYER                  H.G. SCHERMERS            Mrs.   G.H. THUNE            MM.    F. MARTINEZ                  L. LOUCAIDES                  J.-C. GEUS                  M.A. NOWICKI                  I. CABRAL BARRETO                  J. MUCHA                  D. SVÁBY              Mr.    K. ROGGE, Secretary to the Chamber         Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;         Having regard to the application introduced on 27 November 1992 by Friedrich Wilhelm KREMZOW against Austria and registered on 2 December 1992 under file No. 21025/92;         Having regard to the observations submitted by the respondent Government on 5 May 1993 and the observations in reply submitted by the applicant on 5 July 1993; the applicant's further informations of 12 January 1994;         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 is at present serving a life sentence. He is represented by Mr. H. Mühlgassner, a lawyer practising in Vienna.         On 3 September 1992 the Head of the Mittersteig Prison dismissed the applicant's request that his correspondence with counsel be no longer subjected to control by the prison authorities. On 20 November 1992 the Federal Ministry of Justice, referring to S. 90 para. 1, third sentence, of the Enforcement of Sentences Act (Strafvollzugsgesetz), dismissed the applicant's appeal.         On 2 December 1993 the Austrian Constitutional Court (Ver- fassungsgerichtshof), following a complaint lodged by the applicant, quashed S. 90 para. 1, third and fourth sentence, of the Enforcement of Sentences Act as being unconstitutional. In its decision, the Constitutional Court referred in particular to Article 8 of the Convention, as interpreted by the European Court of Human Rights (Campbell judgment of 25 March 1992, Series A no. 233). Furthermore, the Constitutional Court quashed the decision of 20 November 1992.   COMPLAINTS         The applicant complained under Article 8 of the Convention about the control of his correspondence with counsel.   PROCEEDINGS BEFORE THE COMMISSION         The application was introduced on 27 November 1992 and registered on 2 December 1992.         On 8 January 1993 the Commission decided to communicate the application to the respondent Government for observations on the admissibility and merits.         On 5 May 1993 the Government submitted their observations. The observations in reply by the applicant were submitted on 5 July 1993. In his further submissions of 12 January 1994, the applicant stated that he did not wish to pursue his application.   REASONS FOR THE DECISION         The Commission notes that the applicant, following successful proceedings before the Austrian Constitutional Court, does not intend to pursue his application.         In these circumstances, the Commission finds pursuant to Article 30 para. 1 (a) and (b) of the Convention that it is not justified to continue the examination of the present application.   Moreover, there are no reasons of a general character affecting respect for Human Rights as defined in this Convention which require the further examination of this application.         For these reasons, the Commission, unanimously,         DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.   Secretary to the Second Chamber       President of the Second Chamber           (K. ROGGE)                            (S. TRECHSEL)