C.H. v. AUSTRIA - 27629/95

The European Court of Human Rights (Third Section), sitting as a Chamber composed of:

The case originated in an application (no. 27629/95) against Austria lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by an Austrian national, C.H. (“the applicant”), on 8 March 1995.

The applicant was represented by Mr. G. Liedermann, a lawyer practising in Vienna (Austria). The Austrian Government (“the Government”) were represented by their Agent, Ambassador H. Winkler, Head of the International Law Department at the Federal Ministry of Foreign Affairs.

The applicant complained, inter alia , that he had been the victim of a violation of Article 6 § 2 of the Convention in that the Austrian courts disregarded the presumption of innocence when refusing his claim for compensation under the Criminal Proceedings Compensation Act because they found that a suspicion against him continued to exist despite his acquittal by the Regional Court.

Following communication of the complaint about the alleged violation of the presumption of innocence to the Government and rejection of the remainder of the application by the Commission, the case was transferred to the Court on 1 November 1998 by virtue of Article 5 § 2 of Protocol No. 11 to the Convention. On 14 December 1999, having obtained the parties’ observations, the Court declared the application admissible in so far as it had been communicated to the Government.