RINGEISEN v. AUSTRIA (ARTICLE 50) - 2614/65

The European Court of Human Rights, sitting in accordance with the provisions of Article 43 (art. 43) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention") and Rules 21 and 22 of the Rules of Court, as a Chamber set up on 22 August 1970 and composed of the following Judges:

Decides as follows on the question of the application of Article 50 (art. 50) of the Convention in the present case:

The Ringeisen case was referred to the Court on 24 July 1970 by the European Commission of Human Rights (hereinafter referred to as "the Commission"). The case has its origin in an application against the Republic of Austria submitted to the Commission by an Austrian national, Mr. Michael Ringeisen , in 1965. The applicant complained, inter alia, of the length of his detention while on remand.

By judgment of 16 July 1971 the Court, while rejecting two of the applicant�s complaints, held that there had been a breach of Article 5 � 3 (art. 5-3) of the Convention in that the detention of Ringeisen had been continued longer than a reasonable time (points 5 and 6 of the operative part of the judgment and paragraphs 100 to 109 of the reasoning). The Court further reserved for the applicant the right, should the occasion arise, to apply for just satisfaction on this issue (point 7 of the operative part of the judgment).

On 27 September 1971, the Principal Delegate of the Commission, making reference to point 7 of the operative part of the judgment, transmitted to the Registrar a letter dated 18 August 1971 in which the applicant asked the Commission "to apply to the ... Court ... on (his) behalf and to have a decision taken in accordance with Article 50 (art. 50) of the Convention ...".