CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 16 septembre 1963

.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 }  The Committee of Ministers,   Having regard to Article 32 (art. 32) of the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention");   Having regard to the Report drawn up by the European Commission of Human Rights, in accordance with Article 31 (art. 31) of the Convention, and relating to the Applications lodged respectively by Franz Pataki (No. 596/59) and Johann Dunshirn (No. 789/60), Austrian nationals, against Austria;   Whereas the Commission transmitted the said Report to the Committee of Ministers on 6th May 1963, and whereas the period of three months provided for in Article 32, paragraph 1 (art. 32-1), of the Convention has elapsed without the case having been brought before the Court in pursuance of Article 48 (art. 48) of the Convention;   Whereas, in their Applications, the applicants complain of several violations of Article 6 (art. 6) of the Convention, alleged to have taken place during judicial proceedings instituted against each of them separately in Austria, as a result of which they were convicted of certain criminal offences;   Whereas the Commission, having rejected part of the Application of Mr Pataki as inadmissible, retained as admissible, for the purpose of establishing the facts and formulating an opinion thereon, the following issues:   1.    as regards the Application of Pataki   the compatibility of section 294, paragraph 3 of the Austrian Code of Criminal Procedure and of the procedure followed by the Regional Court of Appeal in the present case with the provisions of Article 6, paragraph (1) and paragraph (3) sub-paragraph (c) (art. 6-1, art. 6-3-c) of the Convention;   2.    as regards the Application of Dunshirn   the entire application in which "the Applicant alleged that there had been a violation of Article 6 (art. 6), in that neither the Applicant nor his lawyer was allowed to be present during the proceedings before the Regional Court of Appeal and that only the arguments of the Public Prosecutor were heard";   Whereas the Commission, after ordering the joinder of these two cases in accordance with Rule 39 of its Rules of Procedure, expressed in its Report, adopted on 28 March 1963, the opinion:   "that the proceedings conducted in the present cases on the basis of section 294, paragraph (3), of the Code of Criminal Procedure, as it was then worded, were not in conformity with the Convention";   Whereas by an Act entitled "Federal Law of 27 March 1963 on the reopening of appeal proceedings in criminal cases" (Bundesgesetz vom 27 März 1963 über die Erneuerung von Berufungsverfahren in Strafsachen, BGBl, Nr. 66/1963), the Austrian legislation has been amended in such a way as to make available a new means of access to the courts, which will now permit the applicants, MM. Pataki and Dunshirn, to have their cases re-examined by the Austrian Courts;   Whereas the Commission considers that this new procedure which has been instituted will not give rise to the objections which it expressed concerning the previous procedure;   Whereas these two cases are analogous;   Agreeing with the reasoning of the Commission;   Voting in accordance with the provisions of Article 32, paragraph (1) (art. 32-1), of the Convention,   Maintains the joinder of the cases of Franz Pataki (No. 596/59) and Johann Dunshirn (No. 789/60);   Takes note of the Report of the Commission;   Taking account of the amendment made to the Austrian legislation by the said Federal Law of 27 March 1963;   Expressing its satisfaction at the legislative measures introduced by the Austrian Government to ensure the full application of the Convention on Human Rights,   Decides that no further action is required in the present cases.