KAMASINSKI v. AUSTRIA - 9783/82

The European Court of Human Rights, sitting, in accordance with Article 43 (art. 43) of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") and the relevant provisions of the Rules of Court, as a Chamber composed of the following judges:

and also of Mr M.-A. Eissen , Registrar , and Mr H. Petzold , Deputy Registrar ,

1.�� The case was referred to the Court by the European Commission of Human Rights ("the Commission") on 18 July 1988, within the three-month period laid down by Article 32 � 1 and Article 47 (art. 32-1, art. 47) of the Convention. It originated in an application (no. 9783/82) against the Republic of Austria lodged with the Commission under Article 25 (art. 25) on 6 November 1981 by Mr Theodore Kamasinski, who is a citizen of the United States of America.

The Commission�s request referred to Articles 44 and 48 (art. 44, art. 48) and to Austria�s declaration recognising the compulsory jurisdiction of the Court (Article 46) (art. 46). The purpose of the request was to obtain a decision from the Court as to whether or not the facts of the case disclosed a breach by the respondent State of its obligations under Articles 6, 13 and 14 (art. 6, art. 13, art. 14) of the Convention.

2.�� In response to the enquiry made in accordance with Rule 33 � 3 (d) of the Rules of Court, the applicant stated that he wished to take part in the proceedings and sought leave to present his case himself, subject to his being assisted by a named attorney from the United States of America. The President of the Court granted such leave on 1 September 1989 in relation to the written procedure (Rule 30 � 1).