CEDH · CASELAW;DECISIONS;SCREENINGPANEL;ENG — 15 janvier 1997

.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 }          In the case of Bechter v. Austria (1),           The Screening Panel of the European Court of Human Rights, constituted in accordance with Article 48 para. 2 (art. 48-2) of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") and Rule 26 of Rules of Court B (2), _______________ Notes by the Registrar   1.   The case is numbered 64/1996/683/873.   The first number is the case's position on the list of cases referred to the Court in the relevant year (second number).   The last two numbers indicate the case's position on the list of cases referred to the Court since its creation and on the list of the corresponding originating applications to the Commission.   2.   Rules of Court B, which came into force on 2 October 1994, apply to all cases concerning the States bound by Protocol No. 9 (P9). ________________           Sitting in private at Strasbourg on 25 November 1996, and composed of the following judges:           Mr C. Russo, Chairman,         Mr F. Matscher,         Mr A. Spielmann,   and also of Mr H. Petzold, Registrar,           Having regard to the application against the Republic of Austria lodged with the Court on 27 February 1996 by an Austrian national, Mr Konrad Bechter, within the three-month period laid down by Article 32 para. 1 and Article 47 of the Convention (art. 32-1, art. 47);           Whereas Austria has recognised the compulsory jurisdiction of the Court (Article 46 of the Convention (art. 46)) and ratified Protocol No. 9 to the Convention (P9), Article 5 (P9-5) of which amends Article 48 of the Convention (art. 48) so as to enable a person, non-governmental organisation or group of individuals having lodged a complaint with the European Commission of Human Rights ("the Commission") to refer the case to the Court;           Noting that the present case has not been referred to the Court by either the Government of the respondent State or the Commission under Article 48 para. 1 (a) or (d) of the Convention (art. 48-1-a, art. 48-1-d);           Having regard to the Commission's report of 18 October 1995 on the application (no. 19125/91) lodged with the Commission by Mr Bechter on 19 November 1991;           Whereas the applicant complained that he had not had the possibility to comment on the submissions ("croquis") filed with the Innsbruck Court of Appeal by the prosecution, and alleged a breach of Article 6 para. 1 of the Convention (art. 6-1), under which "In the determination of ... any criminal charge against him, everyone is entitled to a fair ... hearing ... by [a] ... tribunal ...";           Whereas the applicant, in specifying the object of his application, as required by Rule 34 para. 1 (a) of Rules of Court B, stated that he sought a decision by the Court which would allow him to apply for the reopening of his case on the ground that his defence rights had been violated, a similar possibility not being envisaged in relation to decisions of the Committee of Ministers of the Council of Europe;           Having regard to Article 48 of the Convention (art. 48) and Rule 34 paras. 1 (a), 3 and 4 of Rules of Court B,   1.       Finds that           (a)   the case raises no serious question affecting the              interpretation or application of the Convention, as the              Court has already established case-law on the right of              the defence under Article 6 para. 1 of the Convention              (art. 6-1) to respond to the "croquis"; and           (b)   the case does not, for any other reason, warrant              consideration by the Court as, in the event of a finding              that there has been a breach of the Convention, the              Committee of Ministers can award the applicant              just satisfaction, having regard to any proposals made by              the Commission;   2.       Decides, therefore, unanimously, that the case will not be         considered by the Court.           Done in English and in French, and notified in writing on 15 January 1997 pursuant to Rule 34 para. 4 of Rules of Court B.   Signed: Carlo RUSSO         Chairman   Signed: Herbert PETZOLD         Registrar